Understand Your Rights. Solve Your Legal Problems
We now speak with Claudia Ningning Zhao, who speaks on how family law is progressing in China and the difficulties she faces representing her clients.
What has been your biggest family law case achievement at the firm, and what challenges did this case present?
Being an international family lawyer, the biggest achievement for me is that I can settle complicated cross-border family cases where we have to overcome the obstacles in law application and evidence collection, as well as communication with various clients. In the process, co-effort and co-work with lawyers from other jurisdictions concerned is very important. For lawyers, it’s not only a big challenge, it is an achievement and you ought to be proud of yourselves in your practitioner career to beat these difficulties, but it’s helpful to perfect the legal system and judicial practice during such experience, while dealing with the cross-border family cases.
What are the biggest difficulties surrounding child custody in China?
Even though the “Child’s Best Interests Principle” is considered by every country while deciding child issues, due to the differences in domestic laws and judicial practice, the biggest difficulty is how to enforce the decisions ruled by courts from other legal jurisdictions by the actualities in China. But I’m confident that this problem will be settled in the future.
How comprehensive would you say is Chinese Family law for the public? Could it be made more transparent?
In China, the laws regarding family issues are stipulated in Marriage Law of the People’s Republic of China (PRC), as well as its interpretations made by the Supreme Court of PRC, Law of Succession of PRC and its interpretations, while resolving relevant problems and performing the laws and problems occurred in realities. Many opinions or rules made by legislative organs or the supreme court also take important roles. I can say that with the progress of social legality, Chinese family laws are more and more comprehensive for the public to settle legal problems. Generally speaking, I believe the laws are transparent for the public, because more and more interpretations are helpful to clearly understand and settle the legal stipulation in dispute.
How have you seen trends in Family Law change over your years of specialising? Do you think society has warmed to divorce, thus making the legal process a lot smoother?
Generally, in my years of specialising in the family laws, interpretations or opinions on Marriage Law are always being enacted by the legislative organs or the supreme court to settle the problem, where current law is not qualified to settle the dispute. These interpretations and opinions embody and prove the role of laws to settle legal matters in social life and the laws shall be changed with the development of society.
With the increasing of divorce rate and the strengthening of legal awareness of the public, the public are desiring for the perfect legal system to deal with all legal issues they have. So, I believe with the development of society and the enhancement of the public’s legal awareness, it is much smoother for the legal process.
Claudia Ningning Zhao
Partner
Law Firm: Jincheng Tongda & Neal Law Firm
Address: 18F, Jinmao Tower, 88 Century Avenue, Pudong Area Shanghai, the People’s Republic of China
Phone: 86 21 3886 2186
Cell: 86 188 1779 0339
Email: Claudia@familylawcn.com
Web: www.familylawcn.com
Ms. Claudia Ningning Zhao is Partner at Jincheng Tongda & Neal Law Firm which is one of the top and most respected law firms in the People’s Republic of China. Claudia is an eminent expert in international family laws, providing legal service for her clients from all over the world. With over ten years of experience in international family laws, Claudia deals with the cross-border family cases involved in divorce, child custody, asset division, wealth succession and private legal counsel as well as pre or post-marital agreements. In her past over ten years of practice, she published two books at China-Law Press, they are Legal Practice of International Family Cases, and The Lawyer Practice in Civil Litigation. And she also published over 30 professional articles. Exchanging and sharing with practitioners, judges or law professors from various legal jurisdictions at kinds of international conferences including but not limited to IAFL, LAWASIA or the bars and law associations in other jurisdictions is one part of Claudia’s practicing experience.
Overthrowing the CPS: Has it Failed the Justice System?
‘Uneasy lies the head that wears a crown’.
In recent weeks, the issue of Crown Prosecution Services (CPS) failings in the disclosure of relevant material has been in the spotlight following the collapse of two rape cases. The relevant material which had not been disclosed was supportive of the defence case and should properly have been disclosed at an earlier stage, one being a diary and the other being vital mobile phone evidence. In response to condemnation, the CPS has vowed that all current rape and serious sexual assault cases in England and Wales will be reviewed "as a matter of urgency" to ensure evidence has been disclosed.
But is that enough? Is that not just the tip of the iceberg? Whilst perhaps reassuring to defendants who are currently facing charges of rape and serious sexual assault, what about historic cases? And why limit the scope of the review to just specific types of cases?
Further interest was sparked when the trial of three people facing trafficking and prostitution charges was halted due to crucial social media evidence having not been disclosed. This clearly demonstrates that the failure to disclose such evidence is not limited to rape and serious sexual assault cases and the CPS response is insufficiently narrow.
It is deeply concerning to see so many cases unravel because evidence is not being properly disclosed. Whilst it is encouraging to hear the CPS acknowledge the "systemic" problems with our current justice system, it is imperative that the issue gets the urgent attention it needs with direct action taken if we want the UK to be a place where justice is upheld and celebrated, rather than grossly miscarried.
The CPS admission to disclosure failures are taken to be across the board and so a review should be properly taken of all the live prosecution cases. Where there are systemic failures in the disclosure process within the CPS, there is the very real prospect that hundreds, possibly thousands, of cases currently being prosecuted may be impacted.
A review of all current CPS prosecution cases should be just the starting point. What of historic cases?
On 24 January 2018, the BBC revealed that the collapse of cases owing to a failure to disclose evidence increased by 70% in the last two years; 916 people had charges dropped over a failure to disclose evidence in 2017, up from 537 in 2014-15. These figures only relate to prosecutions that have been dropped due to failures to disclose evidence; they do not show all of the additional cases where there have been serious disclosure issues, yet the proceedings have continued regardless. The most recent revelations are alarming and unfortunately reinforce the disclosure issues which many criminal defence practitioners have experienced in some way.
The CPS must keep in mind that such evidential disclosure failings have an extremely wide reach, affecting cases across the entire spectrum of criminal law: from rape cases, to fraud cases and insider trading scandals. The risk is that innocent people across the UK are put through damaging and stressful prosecution proceedings and trials, or in the very worst cases wrongly convicted and imprisoned.
The duty of disclosure is not new, with the current disclosure framework applying to all cases where a criminal investigation began on or after 4 April 2005. At best, material has not been fully and properly reviewed by the prosecutor. At worst, material has been reviewed by the prosecutor, but has not been properly disclosed. All such scenarios where there has been a failure in disclosure potentially amount to negligence on behalf of the prosecuting authority, who have a duty to review and disclose material in accordance with the legal framework in place.
Costs, budgets and volume of material. Can these really be to blame? Or is it simply bad practice, which has been allowed to happen and continues to happen?
It is a question of regulation and monitoring. Whatever systems the CPS have in place, it is clearly failing and so calls for an independent body to review. An effective review cannot take place internally, from within the organisation where there are seemingly many failures, that are likely to have been occurring for many, many years.
In civil litigation a ‘dedicated disclosure working group’ exists seeking to completely overhaul civil disclosure. The CPS should consider implementing a similar working group for criminal cases, to avoid evidence not being disclosed in a responsible manner. Whilst civil disclosure itself cannot be used as a comparator for criminal disclosure, due to the stark differences in the regimes, the principle of a ‘working group’ should be followed.
Such a ‘working group’ focussing on criminal disclosure issues within the CPS should be comprised of CPS lawyers, SFO and FCA lawyers, criminal defence lawyers and Judges. It is envisaged that the working group would identify the issues and extent of CPS disclosure failures, propose remedies to the disclosure regime, along with the implementation and effective management of the disclosure regime, with a training program for CPS lawyers and a timetable to implementation.
The fact that no dedicated working group currently exists is, quite frankly, an oversight. The disclosure issues within the CPS are endemic and a radical overhaul is long overdue.
Byrne and Partners LLP
www.byrneandpartners.com
Emmeline Coerkamp is a criminal litigation lawyer with experience of a range of white collar crime matters. She has expertise in defending complex criminal fraud prosecutions, particularly matters brought by the Serious Fraud Office (SFO), as well as HM Revenue and Customs (HMRC) and the Crown Prosecution Service (CPS). She also has experience of confiscation proceedings.
Byrne and Partners is a dedicated commercial and criminal litigation practice based in the heart of London. Our experience and boutique profile means we are able to combine the highest levels of individual partner attention and quality service with very reasonable charge-out rates.
Simeon V. Marcelo, with more than three decades of private practice of law, is the most experienced dispute resolution lawyer of the law firm Cruz Marcelo & Tenefrancia. He touches base on corruption and tax.
You were involved in a case that has been described as “one of Philippines biggest tax case in recent years”; can you share the challenges you faced and overcame?
The law firm successfully represented a major petroleum company before the Philippine Supreme Court in connection with the corporation’s claim for refund or tax credit for excise taxes it paid on petroleum products sold and delivered to international carriers. It is a task that is extremely difficult, having come from an initial adverse decision by no less than the Supreme Court. In its landmark Decision, the Philippine Supreme Court reversed its earlier ruling (which rarely happened in the past) and granted the corporation’s claim for refund.
This tax refund case set the precedent in the interpretation and construction of local Philippine taxation laws on imposition of excise taxes to aviation fuel purchased by international carriers for consumption outside the Philippines and its treaty obligations arising from the Chicago Convention and various bilateral air service agreements with other countries. The initial denial of the corporation’s claim for refund adversely affected the petroleum and aviation industry as the excise taxes imposed, substantially increased the cost of doing business in our country.
As one of the youngest ombudsmen appointed, you earned international recognition from your fight against corruption; in what way did you tackle this?
The first thing was to recognise that there was a problem. The trust rating of the prior Ombudsman at that time was very low due largely to a very low conviction rate (6%) and a perception that only erring minor public officials were being punished. Accordingly, would-be grafters are not deterred from engaging in corrupt practices.
With the recognition of the problem, I began to determine the causes and to develop solutions. Foremost among the reasons for the perceived failure of the office was the disabling lack of resources. Knowing these causes, I had to come up with a combination of long-term and short-term parallel solutions. Thus, while I campaigned for an increased budget from the government, I also lobbied for funds from foreign donors such as USAID and others. I also instituted numerous reforms in the Office to vastly improve its efficiency and effectiveness. Incidentally, at that time, the operating budget of the Office was only P350 Million. Now, the Office has a budget of almost P2 Billion.
Yet, despite the severe lack of resources, I was able to pursue an effective crusade against corruption, earning praises from foreign and local media, including the Philippines’ normally critical newspapers.
The Washington Post stated that Mr. Marcelo “restored credibility to that organisation…, taking on the most powerful vested and entrenched interests in a country that perennially ranks among the worlds’ most corrupt…”; “targeting the most corrupt agencies, daring to prosecute even members of the historically untouchable military.”
Moreover, what do you think could be done to address corruption in 2018?
The employment of social media as a tool for corruption detection, prevention, and prosecution should be used effectively and extensively by the Office of the Ombudsman. During my time, a successful massive lifestyle probe project was undertaken with the help of the private sector and church-based organisations that could operate down to the parishes and communities. Social media, assisting similar projects, can greatly enhance the discovery and documentation of illegal acts, especially potential ill-gotten wealth, and identifying corrupt government officials.
Simeon V. Marcelo
Founding Partner & CEO
CRUZ MARCELO & TENEFRANCIA
9th, 10th, 11th & 12th Floors, One Orion Tower
11th Avenue corner University Parkway
Bonifacio Global City, Taguig City
1634 Philippines
Simeon caught national public attention during the precedent-setting 2000 impeachment proceedings against a sitting President when he was chosen as the lead private prosecutor. Subsequently, Mr. Marcelo was appointed as the Solicitor General in February 2001. Having won all of his major cases, he is considered one of the most successful Solicitor Generals. Almost two years later, he was appointed as the head of the independent and constitutional anti-corruption body, namely: The Office of the Ombudsman. As Ombudsman, he led the prosecution team that secured the historical Plunder charge conviction of a former president.
In 2013, he became a founding and name partner of the law firm Cruz Marcelo & Tenefrancia.
Cruz Marcelo & Tenefrancia is an enduring legal institution founded on the core values of integrity, professionalism, meritocracy, and mutual respect in providing unparalleled legal representation in various fields of law that extends to the broader context of Philippine Society.
Speaking on construction law, Tanya Nicole Hendry, Director at Construction Support Services International (CSSi), reveals that it is the multidisciplinary aspect which spurs her on: “It is so easy to develop a passion for this industry. The people involved are hardworking, passionate about the end result they are seeking to achieve, and so very proud when they do so. You’re exposed to many interesting trades: technical, corporate and commercial matters, insolvency, finance, insurance, and more.”
You have previously been involved in devising complex construction contracts; what would you determine as a ‘complex’ contract and how do you work around such complexity?
I regard a contract as more complex than usual where there are specialist considerations unique to a specific project, a number of different facets to deal with and slot together to make a project run smoothly, and where parties have intricate and specialist performances, all of which have to be linked together in a cohesive, practical and executable manner. Such contracts normally have a high degree of risk associated with them, could be substantial in value and have a range of different insurances, warranties and the like which also have to be taken account of and balanced in an appropriate manner. In many cases, the contracts I am involved in are international in nature, which adds additional risks that need to be taken account of and mitigated.
In dealing with such complexities, it is essential that the brief obtained from our client is sufficiently detailed to understand fully exactly what it is that the client needs to achieve. This normally necessitates detailed discussions with the client, other advisers, as well as negotiations with the other party or parties to the contracts. It is also of great value to understand exactly what plan is to be executed. Accordingly, a visit to the site, and meetings with the technical experts is invaluable. As contracts are drafted and take shape, CSSi has a peer review system in place, whereby we ensure that issues are identified, discussed internally and necessary changes are made as required.
In what ways do you prepare for arbitration? What unique challenges must you overcome?
In the building, construction and engineering industry, one of the unique challenges to overcome is to ensure that the appointed tribunal is capable of fully understanding the issues to be determined, both in relation to their own experience and in making submissions to them in a clear and understandable manner. One routinely finds that the disputes are a combination of complicated legal questions coupled with highly technical engineering matters, which can be overwhelming.
One of the most important things we at CSSi have found is that, in preparing for such matters, it is imperative that the client’s internal team is involved throughout. The challenge is to do so without interrupting the client’s day to day business! Knowledge and details of events which happened years ago must sometimes be found, and it is therefore of the utmost importance to ensure the client’s team works with us, with access to information and people who sometimes are not even employed anymore by the client. Good relationships and patience are key factors.
Tanya Nicole Hendry
Director
Address: Block B, Infinity Business Park, Cnr.
Pieter Wenning Rd & William Nicol Dr
Fourways, 2191, Johannesburg
Republic of South Africa
Office: +27 (0)10 822 4621
Email: tngreeff@cssint.eu.com
Website: www.cssint.com
After completing my law degree (LLB), I spent the early part of my career as a legal consultant an engineering and construction consulting firm; I was involved primarily in the drafting and negotiation of a wide range of complex construction contracts, both locally and abroad, as well as in a number of disputes. I found myself more interested in the cut and thrust of dispute work, so I entered pupilage at the Johannesburg Bar and was admitted as an Advocate. As such I was involved mainly in construction and engineering matters as counsel, both in the High Courts (South Africa and Botswana) as well as in the Supreme Court of Appeal (South Africa). I registered for and completed a Master degree (LLM) in the drafting and interpretation of contracts, and to utilise my qualifications, established, with previous colleagues, a building, construction and engineering legal consultancy, known as CSSi Construction Support Services International (CSSi).
Antonio Ricardo, an expert in real estate in Brazil, speaks on how the market is progressing:
“With legal safety and proper structure of the business, there are few chances of losing money in the real estate market in Brazil.”
With cryptocurrencies being all the rave, he touches on how Bitcoin will affect the real estate market and how the decline in 2017 sales will shape 2018.
The real estate sales are reported to have declined in 2017, what do you think accounts towards this and how has it affected your clients?
In 2017, the sales in the Real Estate market remained with numbers close to those of 2016, that is, with a market still in crisis. As an example, it is sufficient to remember that the unilateral cancellation, by waiver of the purchaser, of business in 2017 corresponded to 50.9% of all sales in the same period. Thus, with no new releases and with breach of the previous contracts, the market went through a serious crisis of liquidity in 2017, with strong reduction of cash flow and a significant increase of its inventories.
Such situation led us to two important conditions. One of them was, for sure, the re-adequacy of our prices so that they would continue compatible with the economical-financial time of our clients. And, of course, we carried out a strict revision of the contingency analyses for implementation of tools to avoid the outcome of the judicial cases at times of little liquidity of our clients; after all, the predictability of the good or poor results is the word every office needs to deeply understand in order to provide an efficient and effective service.
There are a few doubts that 2018 will be a year of great recovery and we will experience, at least, a decade of positive business with numbers strongly interesting that were always present in the Real Estate market.
What advice would you give to the clients interested in investing in the real estate sector in the current climate?
Five or six years ago it was possible - and common - to make real estate releases or make decisions of investment in the market based on less strict premises, without great validity tests; it is not possible anymore, even because it was checked that great projects on paper were, in practice, business of no feasibility in the real business world.
Unfortunately, within the next years, the decision of investment may not fail to consider the political, economical, and judicial risks, which vary, by reason of the size of the country and the federative organisation system, from state to state.
It is essential to serve the legal system of protection and defence of the Consumer in Brazil, even more when it is known that the low income market is with greater warm-up, since that, even when all technical studies are correct, it may not be ignored the influence of the Judiciary Branch in the regulation of the contracts, to the contrary of other countries where the freedom to contract is wider and less supervised by the State.
How do you think Bitcoin will affect the real estate market in Brazil within the next years?
Some real estate companies have already started to accept bitcoins for payment of part of the price. And I believe it is an irreversible trend, unless the price fluctuations lead the players to become more careful, remembering that the real estate market is, in its essence, traditional and less resistant to risks.
Since the original concept of the Bitcoin being the creation of a monetary reserve and not a currency of wide circulation, I believe that in the next five years we will not notice any relevant addition of sales due to the use of the bitcoin, even more because, recently, our regulatory body - Comissão de Valores Mobiliários (CVM), similar to SEC - issued discouraging considerations of such investment.
As the real estate market needs great liquidity and, in the case of the corporations, they may not remain with the Bitcoins and need to convert them into currency, it may be, in addition to the intervention of the regulatory bodies, one more obstacle to the expansion of the use of the cryptocurrencies in the real estate market.
It is especially true because, upon lending money to the production of real estate properties, the banks assume the “collateral” or “management and control” of the receivables of each sale, reason why they will establish, in such cases, entrance barriers, unless regarding the limits of the price to the use of the cryptocurrencies.
The real estate incorporation is a complex legal system of contractual relationships that fit and harmonise since the purchase of the land, going through the obtainment of the bank funding for the construction and ending at the delivery of the keys. When all such productive cases are interconnected, by the use or acceptance of the Bitcoin, the Real Estate market may see cryptocurrencies as an important field of use.
As professor of Faculdade de Magistratura of Rio de Janeiro State, what do you think are the most important questions the candidates to lawyers shall be aware of?
Law has changed very fast in the last decade. It is essential that the new professional knows that, increasingly, clients require from lawyer’s knowledge of the business that goes beyond the legal spectrum, highlighting that it is needed to understand the operation of the real estate industry to, in fact, be an aggregating agent of innovative and effective solutions.
The young lawyer needs to understand that, in the real estate market, the role shall predominantly be of an enabling agent of business and not only of a writer of contracts and documents or of a professional of disputes.
He/she does not make only a contract anymore; he/she needs to do business.
For such, the lawyer shall also be an agent forming strategic partnerships, able to prevent problems and find future solutions, even more that Brazil has a complex legal and licensing system, in addition to a set of rules and decisions that take into account excessive rights transmitted to the consumers, including removing rules contracted in detriment to the economical-financial balance of the system.
Upon submitting to strategic disputes during the real estate business, what are the three main things you have to approach to guarantee the best to your client?
Understand what the real expectancy of result thereof was before the start of the business, identify the political-strategical condition of the other party and, third, have accurate information on the results of demands similar or like those will lead.
It is the planning phase to a strategic dispute.
Understand what he/she would want with the business serves to explain to the client the possible results in that dispute, and how such results may meet his/her expectations.
In Brazil, the disputes involving commercial contracts have different solutions when the parties of the dispute have a differentiated political, economical, or strategical presence, and it naturally occurs as a result of the practical - and even involuntary - application of such factors.
When you know the other party in all such aspects, you may dedicate more attention to the rules of contractual compliance, or establish the proper strategy in the dispute.
Finally, although we do not have a justice of precedents, it is a fact that the volume of judicial disputes leads the Judges to create a base of decision criteria and it needs to be very well known by the law office to guarantee maximum performance in the defence of its clients.
Antonio Ricardo Corrêa
Avenida Rio Branco, 131 - 13o andar - Centro - Rio de Janeiro - RJ
antonioricardo@ebiondiadvogados.com.br
55 21 22627979
55 21 999758500
I am a lawyer graduated for 30 years. Since 1994, my actuation has developed for companies in the Real Estate market, having exercised positions of Legal Board between 1996 and 2011. From 2011, I undertook the position of CEO of a reputable law office and, from 2013, I created Eduardo Biondi, Antonio Ricardo Corrêa Advogados Associados, where I am CEO of the office, exclusively intended to the Real Estate market, including judicial disputes, mediation, structuring of business, and institutional representation before the Judiciary Branch.
Eduardo Biondi Advogados Associados is a law firm specialising in the civil area, especially in the business, contractual, real estate, administrative, consumer, supplier defense, real estate development and legal structuring of developments, being composed of a specifically trained and qualified legal body to operate effectively in these areas.
Not everyone is familiar with the condition of Asperger Syndrome, or other psychological illnesses. Dr Marzio Ascione speaks on how Expert Witnesses help the court and its jury understand the wonders of ‘hidden disabilities’.
In what way can an expert witness influence in a case where the defendant has Asperger Syndrome?
In a court case with a jury, many of those selected may be unaware of the reasons for the defendant’s actions, mainly because they are uncertain how much the condition impacts on that individual’s view of the world. In other words, they may have no way of knowing at that point what the defendant’s understanding was at the time of their alleged crime. Even the judge may be lacking in knowledge. It could mean that the individual’s actions are misinterpreted.
To get round this difficulty an expert witness could help get the defence and prosecution explain the condition by producing a set of relevant facts related to Asperger Syndrome in general, and how the condition can manifest itself in individuals.
Often Autism and Asperger Syndrome is undiagnosed – especially amongst those aged 30 and older and it’s only recently that the condition has come to mainstream public attention. Many experts still refer to it today as ‘the hidden disability’. The Expert may help in a case where the defendant has Asperger Syndrome (High Functioning Autism) in verifying the condition. They can also offer a helpful contribution in understanding whether the offence was partially escalated by the mental health condition.
If it’s confirmed that the defendant has Asperger Syndrome or Autism then, instead of being tried under the Criminal Justice Act, he or she could face court proceedings under the Mental Health Act, if the judge decides so. That’s because under the International Classification of Diseases, Autism is referred to as a ‘Mental and Behavioural Disorder’, specifically with regard to psychological development.
Some individuals with the disorder are not fit to plead their case in court and this is when psychological reports are needed to clarify with both, the judge and jury, that this is indeed the case.
In what way can a Clinical Psychologist Expert Witness prove invaluable in cases of medical negligence?
It can’t have escaped many people’s notice that the number medical negligence claims in the UK within recent years has pretty much rocketed. Particularly prevalent are alleged injuries sustained in disciplines such as A&E and Orthopaedics. Amputations and brain injuries also come high up the list of cases that end up in court. All these injuries may come with some sort of psychological consequence – whether that’s in terms of anxiety, depression or neuropsychological (cognitive) impairment.
In recent years the term peri-traumatic disassociation has also started receiving attention. This is when, immediately after the medical trauma, the individual experiences a sense of time slowing down, an out-of-body experience or disorientation. If it continues, a peri-traumatic experience can result in post traumatic stress disorder (PTSD) and which can, of course, take some time to manifest itself.
A Clinical Psychologist or a Psychiatrist with medico-legal experience can assist in determining how much of a claimant’s current psychological distress is as a result of their medical trauma.
How can a medico-legal expert witness help in immigration cases?
An applicant for asylum might have mental health issues as a consequence of torture, an abusive environment or neglect in their country of origin. In such instances solicitors and judges may seek corroborative evidence from Psychologists or Psychiatrists in the form of a mental health assessment.
PTSD, depression, anxiety and panic attacks are very common presentations in these cases. An expert witness could also show how the applicant’s psychological symptoms correspond with a particular torture regime (ie in terms of phobias) and a specific timeline. The medical expert could also point out that extradition to their home country could cause the applicant’s current mental state to deteriorate further and that they would be unable to access necessary medical procedures there.
Dr Marzio Ascione
85 Wimpole St, London W1G 9RJ1
Snow Hill Court, London EC1A 2DH
185 Mill Rd, Cambridge, CB1 3NF
020 7206 2686
info@cbtneuropsychologycentre.co.uk
Dr Marzio Ascione, Consultant HCPC registered Clinical Psychologist and Associate Fellow of BPS. Dr Ascione has over 18 years’ experience in working as a Clinical Neuropsychologist and mental health expert within the NHS and private sector. He is Cardiff University Law School Bond Solon Expert Witness accredited. He carries out between 40 to 50 reports per year.
Dr Ascione leads the CBT & NEUROPSYCHOLOGY CENTRE (CBTNPC), a private mental healthcare practice with clinics in London and Cambridge. CBTNPC offers comprehensive Autistic Spectrum Disorder (ASD) and Learning Disability (LD) assessment and provides adapted CBT interventions for these conditions.
Technology has enhanced every corner of our lives, but it is no secret that the legal sector has struggled to adapt. But where tradition lies strong, innovation can make it stronger. Franco Toffoletto is no stranger to technological innovation: from embracing his first floppy disk, to now creating new systems for his team, he speaks about how willingness to change and adopting technology has enabled him to progress up the legal ladder.
How have you seen the Italian legal landscape progress throughout your years of practice?
In my experience, the legal market usually follows a 5-year cycle. During the second half of the 1990’s, we came to terms with the fall of the customs barriers in Europe, which opened the doors for the arrival of many Anglo-Saxon law firms in Italy, during the beginning of the 2000’s. Italian law firms began to expand internationally late in comparison, but we’ve since caught up. Our firm actually extended our international reach back in 2001, when it became one of the founding members of Ius Laboris – Global HR Lawyers, the largest international alliance of law firms specialising in employment law. So, in actual fact, our firm has been an international firm for almost 20 years.
After the early 2000’s, the international economic crisis arrived, obligating many law firms to reorganise their business models and structures. The volume of business dropped and, at the same time, the previous balance struck between lawyers and corporate clients changed. Today, it is the client that decides the price that will be paid for legal services.
Now we are facing a new cycle, in which it is important to take note of all past changes and simultaneously take stock of new digital technologies, which, although already widespread, are nevertheless indispensible for increasing the efficiency of the production process.
It is important to organise people and business structures in such a way so as to keep up with innovation while ensuring that costs are kept within budget, as well as to preserve profit without stopping investments. To achieve this result, law firms need a sophisticated and precise accounting system to know the profit made on any single product and matter. In order to survive in the current legal market, firms must accept that the market will constantly assess them not only in terms of the quality of the work they provide, but also in terms of efficiency and their ability to create value. Unlike the past, clients are no longer willing to pay law firms for inefficiency.
Are there any developments you are looking out for?
One of the hottest recent topics in the legal world has been that of software development. I started to conceive and design software for lawyers in the late 80’s. Artificial intelligence is now on the horizon. Actually, AI has already arrived. At the firm, we have not only been experimenting with machine learning for a while now (with promising results), but actually use the technology in our day-to-day work. The software that our firm developed ten years ago is able to read court judgments and extract the names of the parties, the court and the judge, as well as court decisions and the laws cited etc. therein (metatags). It also automatically creates the database record and tags documents on the basis of the legal content, assigning set categories. Therefore, the software is now performing sophisticated tasks that were previously reserved for humans. This is not to say that professions in the legal market will shortly disappear. In actual fact, the advancement of robotics will also create new opportunities and new professions. And it is for this reason that the biggest challenge that we face is that of bringing education into line with the needs of the market. Scholastic programmes must change to take account of a new era in the world of work, one that requires the application of new skills.
In addition, as I’ve already mentioned, the power to set the price of legal services has by now switched hands into those of the corporate client - at least when it comes to companies of a certain size. However, lawyers must nevertheless be in possession of basic statistics to avoid quotations for work being made haphazardly, only to perhaps discover later on that the firm has been working at a loss, not a gain. With this in mind, we took action and implemented a cost accounting system, thereby enabling us to know the cost of each of our services.
To this day, the majority of lawyers still continue to take on work and issue quotations without knowing the true cost of the product they put on the market. I expect this to change soon enough, especially because it’s a case of sink or swim. With profit margins continuously getting smaller, working without knowing the true cost (and the relative price) of the legal services provided means risking the closure of a law firm. Working at a loss doesn’t make any sense. Not even if you risk that piece of work going to someone else, because, in any case, that other firm will work at a loss and, in the long run, it will be the one to close down.
Knowing the cost of our legal services has also allowed our firm to provide clients with new and improved products tailor-made to their respective companies. We’ve created special teams dedicated to a variety of specific employment law issues that are currently of particular importance in Italy, such as employee monitoring, data privacy, employee tax welfare and benefit plans, and flexible working policies (so-called “smart working”). Through these teams, our firm is able to provide more specific and efficient high quality services, with great added value and at a precise and predefined cost for the client.
What do you think is the toughest part of your job, and how do you overcome this?
Probably the capability of having vision, not forgetting the details and mastering the ability to make decisions quickly and decisively with the consent of the firm’s other partners. And not small insignificant decisions, but decisions that change the course of the law firm in a profound manner. A strong managerial capability and governance system has allowed our firm to take many important decisions and to execute them rapidly. This has been incredibly important for us.
The biggest hurdle within law firms is precisely the innate resistance to change. Lawyers are often reluctant to change. Law firms have to increase efficiency and this entails profound changes in the production process. Clients are no longer willing to pay lawyers for inefficiency and they increasingly impose fixed prices. To maintain the same profit, law firms must necessarily increase their efficiency.
What enabled you to determine that the legal profession was for you? How did your legal career begin?
I initially wanted to be an architect. Then, I wanted to study medicine to become a geneticist. I only chose law school because we had a family business: my father and my grandfather were both lawyers. I remember the day I made that decision very well. It was September 1975, and every time I think of that day - which is often – I’m happy with the decision I took.
I started in my family’s law firm as an accountant and office manager. It was 1st October 1975 when, at 18 years of age, my father opened the doors of his firm to me, so that I could shadow the firm’s accountant who would retire in few months. At the same time, I started University to get my law degree. I certainly learned a great many things from this experience but, most important of all, these first few years laid the foundations for my knowledge of the management part of the profession. Having learned the ropes from the people who managed and governed the law firm, it was just a question of time before I began to understand the importance of the organisational and technological aspects of a business, in addition to the potential competitive advantage that could be gained from the same. I was short on time: technology would have been a great tool to allow me to study and keep the business running. From then on, our firm has committed itself to the constant definition and improvement of internal processes and technologies, which are in a delicate balance with operational needs and a drive for innovation. Since the 80’s, technology has given us the possibility to grow.
Besides employment law, it’s clear that you have a passion for technological innovation. In fact, the firm is well known for its innovative approach to the legal profession. How did this passion come about?
In 1980 I came across an Olivetti ET351 with a floppy disk drive and immediately purchased it. Before then, we composed our documents with a typewriter; word processors weren’t around yet. A single typo meant ripping up the document and having to type everything out again from scratch. It became immediately clear to me that that device, which was very expensive back then (6,200,000.00 Lire, more than 3,000 Euro), would have revolutionised the drafting of documents in law firms and created efficiency. We needed less employees.
I also took a training course to learn how to operate Italgiure-find, a very innovative Italian database of Italian Supreme Court decisions built at the end of the 70’s. This experience opened my mind to information retrieval and the use of databases. Then, my first Macintosh in 1985 and on to using some of the most innovative computer programmes of that era: MS Word, MS Excel and MS File, an Apple LaserWriter PostScript printer connected to a local network (1986) and e-mail, which our firm has had since 1986. In the early 1990’s, I also contributed to founding the Mac Law Group, a group for lawyers using Apple technology in the legal world.
Then, in 1995, in collaboration with another group of lawyers, we created EasyLex – a very innovative management software that includes all functions (from e-mail to document management, billing and accounting), which quickly became widely used in law firms around Italy. We already understood back then what technology could do in terms of increasing efficiency and quality of work.
Then, in the early 2000’s, the firm began to develop a complex knowledge management system, which was completely integrated with Easylex.
In 2012, we decided to begin developing a new management software, together with another Italian firm – NCTM. This partnership came natural to the firms, as we’ve had a longstanding relationship with NCTM; I was actually one of its founding members, in addition to being in charge of managing its processes and IT. The new software that we created together, named iLex, was born in 2015 and has been operative in both firms for almost three years now. In 2015, the firm was even recognised as “Standout” by the Financial Times Innovative Lawyers Report for its use of technology.
Using just an Internet browser, iLex provides lawyers with everything they need: diary, to-do-list, timesheets, document management and creation, cost accounting, pricing and staffing. Thanks to the inclusion of KM functions (an integrated system for sharing knowledge), each lawyer also has all of the information and tools they need to perform any single task, without having to search for them: templates, firm precedents, statute, case laws, news feed etc. For example, if I had to write a legal opinion, the system would give me a list of the tasks that need to be performed: just one click on the legal opinion in my to-do-list and the system provides me instantly with all of the relevant case law and the legal opinions already written by the firm on that same subject. Another click on the most useful precedent and I can have a document that’s already addressed to the client and connected to the file matter I’m working on. Once I’ve finished the legal opinion, it’s automatically stored and inserted in the system so that the next lawyer having to do similar work will be able to find it. In addition, the system will also automatically create the timesheet for the work that's been done.
According to our calculations, the value of the firm’s improvement in efficiency as a result of iLex is equal to € 350,000 a year in less operational work, allowing lawyers and employees to dedicate themselves to more valuable activities. In the last 2 years, we’ve increased our turnover, despite having less people than 5 years ago. We have one administrative employee for every 4 lawyers. In 2017, our costs were 52.4% of the firm’s takings and 50.7% of the turnover in the year.
It’s clear that both you and the firm take an innovative approach to the legal profession. Does this approach extend to clients as well?
Well, clients obviously benefit from the increase in efficiency; they can also benefit from lower prices without sacrificing the high-quality work provided by a specialised firm. However, we’ve also developed a number of digital tools for our clients to help them keep up with employment law issues in Italy and internationally. These tools are developed, maintained and added to by the firm’s internal Research and Development department, which was inaugurated in January 2016.
For example, our firm offers clients access to an exclusive App available on the Apple App Store, which provides them with important employment law information and news. We also created the Law Maps™, an interactive website that allows specific employment laws and regulations of different jurisdictions to be compared. We’ve also published an e-book on the Apple Store covering the recent Italian employment law reform, and have another two in the works; one is an e-book on internal investigations and another is an employment law manual for start-ups.
These are all in addition to the webinar service provided by the firm for clients, as well as the portal created by the member firms of Ius Laboris, which provides in-depth information on employment law in over 40 countries.
We also had success in providing a tailor-made online contract generator. One particular company is currently evaluating its implementation in all 52 countries in which they have operations worldwide.
For many years now, our firm has worked with technology and not against it, which is precisely why we are able to offer so many interesting and innovative solutions to our clients.
What was one lesson you learnt when transitioning from law school to practising?
I think the biggest lesson I’ve learned from practising in a law firm is that the value of a firm is not solely measured on its clients or the matters it handles, but also depends on its organisation. This is something that isn’t taught at law school.
A firm that isn’t organised well, isn’t worth much. This means that, when implementing the use of new technologies firm wide, it is necessary to review all internal processes. In our case, we started with a review of our graduate recruitment procedures. To date, two-thirds of our lawyers were born after 1980 and each semester, the growth achieved by each individual is evaluated in an appraisal.
It was during those first days in my father’s firm as an accountant, and not as a lawyer, that I began to comprehend just how much of an asset the firm’s organisation was. For example, I introduced written procedures and job descriptions to describe and define the responsibilities and the relationships between all of the firm’s legal professionals and administrative employees. This was a revolution. For the first time in a law firm, everyone had a job description. Or better, they knew exactly what their tasks and duties consisted in. Whereas, in other professional service firms, the employees were usually used to giving importance to who gave them orders and nothing else.
In other words, I envisioned an organisation made up of clear and defined processes, guaranteeing transparency and efficiency within the firm; something that is also for the benefit of the firm’s clients.
Can you think of three things which enabled you to progress as Managing Partner?
1) Technology; 2) Efficiency; 3) Willingness to change.
What are you hoping to achieve in the next five years?
We just completed the 2010/2015 plan. Basically, the delay we’ve had is connected with implementation of some very smart features in iLex. For example, we included a function for e-filing court claims (in Italian, PCT – Processo Civile Telematico) and we spent more time than foreseen on some technical problems with the public platform. We will also soon finish a very efficient pricing and staffing module, which takes the past into account when suggesting the price and the people you need to involve on a project in order to maintain a profit. In the future, this module will automatically assign the job to the right lawyer or group, according to their availability.
I believe that a specialised law firm such as ours has to profoundly change its business model and have a more global dimension than it does today. We are working on it.
What has enabled you to progress as Managing Partner and the firm to achieve its leading position in the Italian market?
First of all, passion and dedication. But also, always being willing to change. Neither the firm nor I have ever been afraid of implementing change, of pushing the envelope, or being different from other law firms. I guess that’s why we are where we are today.
Franco Toffoletto, Managing Partner
Toffoletto De Luca Tamajo
Via Rovello 12, 20121 Milan
Italy
Tel: +39 02 721441
Email: sft@toffolettodeluca.it
Firm Profile
Toffoletto De Luca Tamajo is one of the leading Italian law firms specialising in employment and labour law. The firm has been working with companies for over 90 years from the firm’s offices in Milan, Naples, Rome, Bergamo and Brescia and provides advice on all aspects of HR management; from day-to-day legal advice to handling labour disputes in court.
Toffoletto De Luca Tamajo is one of the five founding members of Ius Laboris, the largest global alliance of leading employment, labour and pensions law firms. Through the Alliance, the firm is able to offer clients the highest standard legal services across 53 countries: truly global coverage, with local knowledge and expertise.
The firm regularly manages cross-border projects across multiple jurisdictions, always providing innovative solutions tailored to its clients’ ever-changing needs.
About Franco Toffoletto
Franco Toffoletto is widely regarded as one of the leading employment lawyers in Italy, described as an exceptional talent and an extremely confident lawyer. He provides employment law advice to both domestic and international clients in all sectors, such as banking, insurance, financial services, pharmaceuticals and healthcare, advertising, media, telecommunications, information technology, etc.
Franco has a very solution-orientated approach, developing a close and long-term partnership with each of his clients to ensure easy, efficient and productive business relationships.
He is consistently recognised in the top tier by the foremost international legal directories such as Chambers & Partners, Legal 500 and Who’s Who Legal.
Six steps to starting a paralegal business.
Law firms are increasingly recruiting paralegals as they offer strong, unparalleled support to barristers and solicitors, especially during busy working periods. Here, Amanda Hamilton from NALP, speaks on how you can open your own paralegal business and its benefits.
Now is a good time to start your own paralegal practice, as more and more people are turning to paralegals to help them with a variety of legal issues.
Here are six steps to help you get started:
Paralegals are not statutorily regulated, so you have been told that it is not necessary to gain any training or qualification to carry out paralegal services.
This is technically true, but in practice, it’s not accurate; remember that you are up against a mountain of competitors who will probably be far more qualified than you.
Also, bear in mind that you will be handling delicate legal matters for your clients and therefore you will have to consider the possible consequences if something were to go wrong. Gaining knowledge of academic aw and practice is essential to give you and your client confidence.
Therefore, the very first thing you need to do is gain a paralegal or legal qualification or at the very least get some paralegal training and then, as much experience as possible. This does not have to be with a solicitor or barrister; nowadays you can gain the relevant legal experience by working in a variety of different employment environments: local authorities, national health service, charities, housing associations, HMRC, Crown Prosecution Service and company in-house legal departments.
Once you have gained some knowledge of law and legal procedure and have three or more years’ relevant legal experience, you need to decide whether you wish to specialise in one area of law or be a general practitioner.
For example, you may have worked in a human resource department of a company and have studied Employment Law – this then may well be the area of law in which you wish to practise.
Clients need to have confidence that you are qualified and competent to offer legal services, therefore consider joining a membership body such as NALP which has been a Paralegal organisation for thirty years and is well established in the legal sector.
Membership of such a body will give your potential client confidence that you know what you are doing. Membership is also confirmation that you have been vetted by the organisation and have to abide by its rules, and can be subject to being sanctioned if not.
Being a member of NALP entitles you, subject to the requisite qualifications and/or experience and fulfillment of eligibility criteria, to apply for a licence to practise in the areas of law in which you can provide evidence of experience. Again, this means that NALP has done its due diligence on you and thoroughly vetted you and your credentials.
Eligibility Criteria to gain a licence to practise:
1) Qualifications: a minimum Level 3 qualification and a minimum of three years’ experience.
2) Experience only: can provide evidence of a minimum of five years’ experience.
3) Professional Indemnity Insurance (PII): covering you for the work that you do.
Apart from the ‘reserved activities’, you can operate in much the same way as a solicitor, e.g. you can operate as a paralegal firm and have partners.
Sole practitioner, partnership or company?
This is entirely up to you, but whatever you choose it’s important to understand the responsibilities and legal duties of each. For example, if you are a company you need to submit company accounts each year. As a sole practitioner, you would need to submit your annual tax return each year and be subject to income tax on your earnings.
Setting up your own paralegal practice can be very rewarding – but do make sure you follow the advice above to give both your clients and yourself the expertise, confidence and protection that you and they deserve.
Amanda Hamilton
CEO
NALP
http://www.nationalparalegals.co.uk
http://www.nalptraining.co.uk/nalp_training
Amanda Hamilton is Chief Executive of the National Association of Licenced Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England & Wales). Through its training arm, NALP Training, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional.
NALP is the longest running UK Membership Body for Paralegals. They have dedicated over 30 years to promoting the status of Paralegal Professionals.
If you need a break that will help you recover from the hectic stress of everyday life, Lawyer Monthly would recommend the five-star luxury hotel: Ellenborough Park.
Ellenborough park
If you need a break that will help you recover from the hectic stress of everyday life, Lawyer Monthly would recommend the five-star luxury hotel: Ellenborough Park. In this three part series, we will explore the British Cotswolds; with each area offering unique characteristics, the Cotswolds flaunt the splendour of the British countryside, from honey-coloured towns to sweeping meadows and medieval-like villages.
The destination of our first Cotswolds series is home of the renowned Cheltenham Festival. Often referred to as the ‘Cultural Capital of the Cotswolds’, staying at Ellenborough Park adds to the luxurious, yet relaxing break you will experience at Cheltenham.
An indulgent 15th century country estate with the perfect fusion of tradition and modernity, Ellenborough Park have transformed the house into a 21st century retreat, whilst maintaining the traditional British atmosphere.
Caught between the Cotswolds’ highest point and the lush green gallops of Cheltenham’s world-famous racecourse, the luxury five star hotel is steeped in history and offers 90 acres of rustic countryside. Often the picture-perfect destination for special wedding days, the hotel welcomes you all like you are a long-lost relative returning home for the weekend.
You can sit back and relax in one of their many quaint and cosy lounges and enjoy a smooth glass of whiskey or an Ellenborough Park gin; or retire to your bedroom, where you can truly relax in their amazing roll top baths. Their spacious rooms are jampacked with character, mixing tradition with 21st century luxury.
You will drop all worries and stress at the foot of the doors to Ellenborough Park, especially if you indulge in one of their serene spa experiences. Recognised as one of the finest Spas in Cheltenham, the spa brags tranquillity. Their unhurried and rejuvenating treatments paired with impeccable facilities will see you transported from modern day Cheltenham to Lord Ellenborough’s Indian paradise in no time at all.
The spa offers massages that will take you into another world, to treatments that will leave you rejuvenated and feeling like a new person; using a powerful Hebridean sea salt and oil scrub with body wrap, Ellenborough’s Ishga Seaweed Body Wrap combines the detoxifying and nourishing effect of the purest seaweed gel with the stimulating and hydrating properties of the scrub to eliminate toxins, reduce cellulite and improve skin tone. Sounds like an impossible miracle, but the treatment will work wonders, I promise.
You can take a stroll and enjoy the stunning landscape and soak up that fine British air, right before enjoying an exquisite meal at The Restaurant. An intimate setting that welcomes you to refresh your taste buds; from melt in your mouth veal, to comforting artichoke soup, the dishes that are placed in front of you encapsulate its very own unique blend of seasonal flavours and colours.
You don’t really need an excuse to visit Cheltenham when Ellenborough Park opens its arms for you, treating you like family. Regardless of whether you are visiting to celebrate a special occasion, or need a much-needed break, this hotel is the perfect place to stay. From rustic stone walls to impressive chandeliers, if you really want a true taste of British history perfectly entwined with luxury and modern comforts, Ellenborough Park is the hotel to visit.
Jaya Harrar was hosted by Ellenborough Park - a member of the Pride of Britain Hotels collection (never more than 50 hotels, to guarantee quality and exclusivity). The historic five-star Cotswold manor house has 61 bedrooms, two restaurants and a spa offering a range of treatments including the 55-minute Ishga Seaweed Body Wrap (£80). A one-night stay costs from £209 per room (two sharing) including full English breakfast. Contact Pride of Britain Hotels (0800 089 3929, www.prideofbritainhotels.com).
Jason Eckerly speaks on his expertise in toxic tort, and how he follows his firm’s phrase of making ‘the complex simple’.
What is the biggest challenge you face when preparing corporate witnesses for testimony at trial?
The biggest challenge in preparing a corporate witness for trial is helping the witness provide testimony that is not overly complicated or technical. In fact, that is actually Segal McCambridge’s tagline: ‘Segal McCambridge: We Make the Complex Simple.’ Corporate witnesses are generally very smart people and they are genuinely interested in discussing the background of their company and explaining to a jury the underlying events of a case. They are not professional witnesses, however. Rather they are engineers, accountants, or other trained professionals who are deemed by the company to be the person most knowledgeable regarding certain issues. My job is to help them convey their message, which can sometimes be highly technical, in a way that is understandable to a jury. The preparation has to be geared to the individual witness. My job is to make certain they are comfortable and confident, so as to allow them to communicate effectively with the jury and handle cross-examination.
What further challenges do you face during mass tort litigation?
One of the biggest challenges with mass tort litigation is the volume. The management of such litigation is difficult for attorneys, judges, and court administrators. From an administrative perspective, the continued implementation of on-line dockets and filings has helped immensely with these challenges.
What’s special about this type of litigation is that the attorneys involved become highly specialised and very knowledgeable. This helps in assuring that the resources available to help the aggrieved parties end up in deserving hands.
What has been your most complex case and how did you work around the difficult nature of it?
I defended an alleged mesothelioma case where I questioned the diagnosis itself; I did not believe it was the correct diagnosis. The plaintiff had been treating at one of the top cancer centres in the United States and his treating physician included mesothelioma in the differential diagnosis. Before the treating physician could make an actual diagnosis, plaintiff’s counsel stepped in and transferred plaintiff’s treatment to a doctor counsel regularly uses as an expert. The diagnosis revolved around the pathology, specifically the staining. I spent countless hours researching the specific stains and pulled articles relating to each. At the expert’s deposition, I conducted a highly technical examination, so much so that the plaintiff’s attorney asked if I had gone to medical school. The time spent preparing for that deposition was well spent, as it ultimately affected the result in the case. When we got to trial, we settled on behalf of our client following openings. Plaintiff’s counsel knew that the attorneys for the co-defendants did not understand the medical defence as I did and wanted our client out of the case, so that I was not able to handle the medical defence for all of the defendants.
What are your top three tips when trying to develop global defence strategies?
At the outset, determine the client’s goals and expectations. If these are unrealistic, explain why and offer alternatives. It does no good to make promises that cannot be kept or to set unreasonable expectations.
Next, get input from the proposed corporate witnesses on the theme of the defence. These are the individuals that will be explaining the case to the jury, so it is best that they help to shape the global message at its inception.
Finally, get the entire national defence team together to discuss the global strategy and plan. While this helps to get everyone on the same page, it also helps to foster a true team culture, which is important in national litigation. The global defence strategy will likely evolve over time—and it should—but it is important to keep all team members updated with new witnesses, themes, documentation, and strategies that arise as the course of litigation progresses.
What is the most motivating aspect of your role?
First and foremost, I am motivated by doing right by my clients. I feel honoured that they have chosen our firm to help them with their problems, especially when there are so many options in today’s legal environment. Second, I am motivated by the other attorneys I work with daily, both from my firm and opposing counsel. I see how others approach problems and try to learn from their success or failures. Finally, like any litigator, the overall motivating factor is knocking one out of the park for your client, be it a motion, deposition, or trial. There is no better feeling than winning a long fought battle and knowing that your defence strategy was successful.
If you could change one thing about the legal sphere, what would it be?
The civility of the profession. While the great majority of attorneys are polite and honourable, there remain those that are not. In my experience, the client is generally done a disservice by counsel who acts in such a way. For example, in a recent case the opposing counsel, who has a reputation for being very difficult, showed up to the pre-trial mediation and demanded settlement of three-times the state’s applicable damage cap – by any measure an unreasonable demand. We explained the damage cap and the inability to consider this demand. In response, opposing counsel then cursed and threatened us. Such actions, both by way of opposing counsel’s ignorance of the damage caps and his unprofessional behaviour, has most assuredly bought his client a trial that might otherwise have been unnecessary.
Jason Eckerly | Segal McCambridge
312 329 6553 Direct | 312 645 7800 Main
www.smsm.com
I am a senior shareholder in Segal McCambridge Singer & Mahoney’s Chicago office. I am a trial attorney focusing my practice on litigating toxic tort, product liability, general liability, and complex commercial matters throughout the country.
I serve as national coordinating counsel and local counsel for large corporations in product liability litigation, developing and coordinating global defence strategies. In this role, I work with clients in assessing and analysing risk, developing long-term strategies, training local counsel, and implementing case protocols.
I have acted as trial counsel in courts in California, Illinois, Iowa, Michigan, New York, and Pennsylvania.
I also recognize the duty of our profession to help others vis pro bono work and volunteering, serving as the Co-Chair of Segal McCambridge's Pro Bono and Public Service Committee. The Committee is charged with promoting the firm's pro bono efforts and increasing the firm’s commitment to pro bono and community service. Through the years, I have volunteered my time through a number of different pro bono organizations. I am currently the firm’s liaison with the Chicago Bar Foundation’s Investing in justice campaign.
I earned my undergraduate degree at Michigan State University and my J.D. at DePaul University College of Law. I am admitted to practice in the State courts of Illinois, Michigan, Missouri, and Pennsylvania, as well as seven US District Courts. I have also been admitted to practice in States throughout the country.
Segal McCambridge Singer & Mahoney is a litigation firm providing legal services to clients involved in complex product liability, toxic tort, commercial, employment, insurance, construction, environmental, professional liability, transportation, warranty, and technology and cyber risk matters. Founded in 1986 as a four-lawyer shop in Chicago, today Segal McCambridge is a national law firm with more than 140 attorneys with offices in Austin, Chicago, Detroit, Jersey City, New York City, Philadelphia, and St. Louis. I have been fortunate to be a part of the firm during the intense growth it has had over the years.
