< PreviousGallagher & Kennedy, one of Ari- zona’s pre- mier law firms, is comprised of attorneys whose talents and expertise have consistently ranked them among the finest in the country. Not surprisingly, several of these attorneys first proved their prowess, stamina, and avidity to win as NCAA athletes. Indeed, many have even gone on to play profession- ally before segueing into law. “Sports and practicing law share similarities both physically and mentally.” C o-founding partner Mike Gallagher re- calls those early days when more than 40 years ago, he and Mike Kennedy joined forces to form Gal- lagher & Kennedy. Particu- larly in the formative years, this was a group that natu- rally seemed to attract other accomplished athletes who were eager to apply their combined experi- ence of education and rigorous athletic train- ing to serving the people of Arizona. “I don’t think we necessarily went out to hire former athletes, but we had a significant number of them including several women in the early days,” says the former baseball star and major league scout. “Mike played a lot of golf, and his sister ultimately went on the pro- fessional tour. I had played professional base- ball and some of our early hires were equally experienced athletes. One of these was Char- lie Hickox who won three gold medals and two silver in the ’68 Olympics. “I do think it’s a plus if someone has played collegiate sports but I also think that people who find success in various efforts, not neces- sarily just sports, bring good experience and a good attitude to the practice of law. I think the competitive experience is a plus.” “The reason I became a trial lawyer was, just like sports, they kept scores,” Gallagher adds with a smile. LESSONS FROM THE PLAYING FIELDS One of the hallmarks of a thriving law firm is the synergy and collaboration born of like-minded professionals working towards a common goal. While individual excellence is the goal for all employees, Gallagher & Ken- nedy’s culture centers on a team approach of service excellence. As the pitcher for his Stanford baseball team, Robert “Bob” Boatman helped lead them to top ten rankings several times. Play- ing with such notables as John Elway, Steve Buechele, and Mike Aldrete, Boatman segued his sports success into a thriving legal career in personal injury and wrongful death span- ning more than 35 years. “Baseball made the college experience much more fun,” he says. “Great teammates, life lessons, and competing at a high level. As a lawyer, I like helping people, being constant- ly intellectually challenged, and the competi- tion. “We have a very unique place and a very strong sense of community and teamwork here,” says Boatman, a shareholder of the firm. “I’ve worked at other large firms where it was very cut-throat. We have a very sub- stantial personal injury group here and yet it’s quite the opposite of that antagonism. It’s very much a team approach and most of us work collaboratively especially on large cases. “It’s not just the lawyers; that same attitude is shared by the legal assistants and parale- gals,” he adds. “You know, we have a rule here, MIKE GALLAGHER 20whenever we get a settlement or verdict over $1 million, we shut down the office a bit early and take everyone on the team out to cel- ebrate.” Now a shareholder and leader in the areas of personal injury, bad faith, and civil defense work Jeffrey Pyburn, once enjoyed dual spot- lights on both the gridiron and baseball dia- mond. As the quarterback for the University of Georgia, he led the Bulldogs to a Southeast- ern Conference Championship. Equally tal- ented in centerfield, Pyburn broke the school’s records for home runs and RBI’s, grabbing another Southeastern Conference title in this sport. His talents did not go unnoticed. A ffirst-round MLB draft pick Pyburn not only played for the San Diego Padres but was also nabbed by NFL’s Buffalo Bills. Compared to these experiences he says he never feels pressure at trials. “Pressure is hav- ing 90,000 people booing you after you throw an interception,” says Pyburn. “Outwork your opponent and always be prepared and there’s never pressure at trial.” “Football is the ultimate team sport,” he says. “You have to rely on your teammates to do their jobs. The chain is only as strong as the weakest link. Trying cases requires many of the same things you do as an athlete. Out- work your adversary, know your game plan cold, don’t get intimidated and make sure ev- erybody on the ‘team’ is pulling their weight. You’ve gotta’ play by the rules. In football, you try to knock the hell out of your opponent with good, clean hits. Same thing at trial.” APPLYING APTITUDE AND ATTITUDE As a guard for Notre Dame’s basketball team, shareholder Matthew MacLeod has found am- ple opportunities to apply the skills and habits ac- quired on the court to his personal injury practice. “Whether you are on the court or in the court- room, composure is es- sential to your success,” says the young attorney. “There are so many ups and downs throughout a game or trial, it is imper- ative to remain calm. If you can remain calm, you have a great chance to be able to execute what you have practiced and prepared. “Sports and practic- ing law share similarities both physically and men- tally,” adds MacLeod. “If you want to do either, then both physical endurance and mental toughness are essential.” An invitation to “walk- on” to the Indiana Uni- versity’s powerful football team opened the door for shareholder Charles “Chuck” Thomson to prove his mettle. By the time he graduated, Thomson had been named MVP and honorary captain as well as selected by the National Football Foundation and Hall of Fame as one of only 11 national scholar-athletes and the only one from the Big 10 that year. “My high school and col- lege coaches were more influential in shaping me as a person than anyone other than my “I think the competitive experience is a plus.” MATTHEW MACLEOD JEFFREY PYBURN 21parents and immediate family mem- bers,” says Thomson. “They instilled in me the idea that by hard work, dis- cipline, and single-minded dedica- tion I could elevate my game to a lev- el where I was able to compete with, and sometimes even beat, guys who were much better athletes than I was. I carried that lesson with me to law school and into the practice of law.” With a flourishing practice in civil litigation, Thomson continues to ap- ply many of the lessons learned on the IU gridiron. ““Over the years I have come up Over the years I have come up against many adversaries in my civil against many adversaries in my civil litigation practice whom I couldn’t litigation practice whom I couldn’t out-think, but I’ve met very few that out-think, but I’ve met very few that I couldn’t out-work,” he says. “This I couldn’t out-work,” he says. “This philosophy served me well as a litigator philosophy served me well as a litigator and it traces back directly to my foot-and it traces back directly to my foot- ball experience.”ball experience.” DRIVING FORCE It’s clear that for these attor- neys, the sports they played, the coaches and teammates with whom they shared com- mitment and goals, and above all, the families from which they came have all influenced them as people and as attor- neys. This is not surprising since the philosophy on which Gallaher & Ken- nedy’s Personal Injury & Wrongful Death practice was built mirrors those same mores. Sustaining high regard for family, colleagues, integrity, and accountabil- ity, the culture of Gallagher & Ken- nedy supports the ideology which em- phasizes hard work, service excellence through teamwork and a balanced ap- proach to work, family, and commu- nity. This work environment earned them the distinction of being named “Best Places to Work” by Phoenix Busi- ness Journal two years running. The sustained growth, accolades, and triumphant wins the firm has enjoyed have been described by some as “the classic American success story.” Ac- cording to Gallagher, the past 40 years have been an opportunity to follow a new dream after his first was dashed. “Once I sustained the injury to my arm, my college and certainly profes- sional sports career took a radical turn,” he says. “Building this firm with Mike and assembling such an amazing group of attorneys and professionals who suc- cessfully go toe-to-toe with the best of the best every day has been one of the proudest accomplishments of my life.” “You have to rely on your teammates to do their jobs.” CHARLES “CHUCK” THOMSON ROBERT “BOB” BOATMAN GALLAGHER & KENNEDY 2575 East Camelback Road Phoenix, AZ 85016 (602) 530-8400 www.gallagherkennedyinjury.comW hen I began my practice, working with lawyers and law firms on professional li- ability, ethics, and risk management issues, I would sometimes hear from lawyers who had experienced a disas- ter, like their basement had flooded, destroying all of their old client files. Years later, a lawyer friend working for a large firm in New Orleans was suddenly displaced from her office and home after Hurricane Katrina struck and submerged the city. The entire firm was suddenly dispersed across the country, with clients still in need of representation. As technology advanced, law firm disasters more frequently came in the form of computer system crashes, caused by viruses, malware, and most recently, ransomware – by which a cyber-criminal hacks into a computer network and shuts it down until the firm pays a substantial “fee” to have its system restored to functionality. One colleague was told, “It sure would be a shame if something happened to your nice time and billing system.” Now we have the coronavirus/ COVID-19 pandemic shutting down great swaths of the world’s economy and forcing lawyers to immediately transition to working remotely, rely- ing entirely on technology to allow their necessary work to continue. While the possible disaster scenar- ios grow, one thing remains constant for lawyers and firms: the need to pre- pare for disaster in advance. Without effective disaster planning, lawyers run the very real risk of being unable to meet critical client needs, missing important deadlines, losing key finan- cial information, incurring staggering reconstruction costs, losing clients, and increasing the risk of malpractice claims. CREATE A DISASTER PLAN The most important step in prepar- ing for disaster is to carefully consider possible ways in which your practice can be affected by pandemic, natural, or technological disasters. Disaster planning is not just for large law firms; even the smallest practice needs to have a plan in place for getting back in business effectively and as soon as possible, while minimizing expense and loss of critical data. There are two elements in this pro- cess: (1) business continuity (continu- ing operations after a disaster occurs); and (2) disaster planning (being able to restore necessary technology, working space, and other factors re- quired to provide effective client ser- vices). One issue that has arisen in the cur- rent pandemic and must be consid- ered in any law firm’s disaster plan, concerns online videoconferencing. This capability has been a lifesaver for firms. While all businesses need to protect the confidentiality of their internal communications, lawyers have an additional ethical obligation to protect their clients’ confidences and communications from disclosure to third parties. When selecting a vid- eoconferencing application, lawyers must be particularly careful to choose one that best assures such confiden- tiality. As technologies evolve, so too must firms’ disaster plans, so the best and safest applications and off-site data storage are used. The disaster planning process can be daunting but there are, fortunate- ly, many resources available to help lawyers, often for free. Your state bar association likely provides detailed information online about disaster planning. The American Bar Asso- ciation provides a wealth of helpful information on how to plan for disas- ter. (See, https://www.americanbar. org/groups/committees/disaster/re- sources/resources_for_lawyers_law_ firms/.) Involve all parts of the firm in the planning process since each has its own expertise in identifying possible issues and solutions. Once an initial plan is created, have your most expe- rienced staff and key outside vendors review the plan to make sure it is com- plete. If parties outside the firm are involved in this review, use a strong confidentiality agreement with them to assure that proprietary information of the firm is protected. Regular test- ing of the plan in a mock emergency, and evaluating how it functions, will strengthen your plan. EVALUATE YOUR INSURANCE COVERAGES Law firms have long maintained in- surance to protect against the effects of disasters, such as malpractice, gen- eral liability, property, and employ- ment liability coverages. In the age of cyber-crime and ever- expanding reliance on technology, cyber security insurance should also be considered. Loss of use of one’s computer system, or a security breach causing dissemination of client confi- dences, can have a devastating effect on law firms. Business interruption coverage should also be considered. While it may contain exclusions from certain causes of business interruption, when applicable, it may provide an impor- tant safety net to help keep your prac- tice afloat. While it takes time and effort to develop a disaster plan, it is time well spent and will make recovery from the next disaster quick- er, more effective, and less expensive. Daniel W. Hager | Insurance A recognized expert in lawyers’ malpractice prevention and legal ethics, Daniel has provided consultations and risk management services to law firms for more than 20 years. Before joining AHERN as corporate counsel, Dan was a partner at AV-rated Roeca Haas Hager LLP, where he defended lawyers against malpractice and other claims for more than 25 years. AHERN Insurance Brokerage is an industry leader in providing customized insur- ance solutions for law firms. For more information, visit www.AhernInsurance.com. Planning for Disaster in the Modern Age 23B logging has been around for quite a while, but it feels like it’s starting to gain more traction all over again. If you haven’t jumped on the blogging train yet, you’ve probably at least read your fair share of blogs. At the very least, you’ve defi- nitely read articles that originated on a blog (hint: this one!). Blogs can be many things, from a recipe source to a guide on the latest fashions. When done properly, they are a hot resource for quick and di- gestible information. So why should you consider start- ing one as a lawyer? BLOGS MAKE YOU VISIBLE. By starting a law blog, not only are you getting yourself out there to pro- vide value to your potential clients, you’re boosting your website’s pres- ence on Google – the king of search engines. BUT WHY SHOULD I PROVIDE INFORMATION TO MY POTENTIAL CLIENTS FOR FREE? By giving value to your potential clients for free, you’re allowing them to get to know, like, and trust you. Your potential clients won’t be rep- resenting themselves in court - they need a lawyer. But why should they choose you? Prove to them that you know what you’re talking about so that they can feel confident in hir- ing you. Heck, maybe they can even implement a little tip you’ve given. If it works, they will keep coming back for more. HOW DOES BLOGGING HELP ME GET VISIBLE ON GOOGLE? SEO (Search Engine Optimization) boosts your website by pulling key- words from your website’s text and listing your site pages under relevant keyword searches. If you blog about fighting speeding tickets in Minneap- olis, your post will appear in searches that people make about how to fight a speeding ticket in Minneapolis. When you want to be visible when people are searching for your area of law, you’ve got to provide great content that fo- cuses on the keywords your potential clients are searching for. HOW TO START YOUR LAW BLOG: Start with your website. Which platform do you use? With Word- Press, it is insanely easy to start your blog because it is likely already built into your theme. You’ll simply create “Posts” when you’re ready to make a new blog entry. Be sure that your website’s menu shows your blog page so people can find it easily when they visit your site. Don’t have a website yet? You need to create one! This is your best tool for finding clients and a necessity for your law blog. Get to writing! You have all kinds of knowledge and experience. Share it! Writing blog posts doesn’t have to be excruciating. Make a list of top- ics you want to cover, pick one, and start vomiting every thought you have about it onto your keyboard. Edit- ing can happen later – just get your thoughts onto the screen! Look at your formatting . Do you have photos in your post? What about headers and other formatted text to break things up? Long paragraphs are intimidating, and you do not want your posts to look difficult to read – people will skip right over them. Bold your keywords, add relevant photos (be sure to add a Featured Photo, too!), and break your lines up so that the content is skimmable. Check on your SEO. Your blog is most useful in attracting potential clients when it can be easily found, right? Make sure to use relevant key- words throughout your post, add in- bound/outbound links, and keep your text easy to follow. For added help, you can download the Yoast plugin to your WordPress site and it will guide you in best practices that will help boost you in search results on Google. Launch your blog! Now that you’ve written, formatted, and SEO-ified your first post, it’s time to launch! You don’t need a lot of content on your blog before going public with it. Get eyes on your content right away and if they like what you’ve written, it will keep them coming back for more. To do so, announce your blog on your firm’s social platforms, LinkedIn, and even your personal platforms. Encourage your followers to like and share. Keep it up . Don’t write one post and bail on your blog. Your website loves the boost of content & the added key- word searches you’ll show up in, plus your potential clients are hungry for your knowledge. Stick to a schedule and continue pumping out the value that people are searching for. Now Go for It! Hopefully this information has given you the gusto to start your law blog and give your potential clients some insight into what you’re knowl- edgeable on. So now that you’ve read what you need to do, it’s time to do it! Sit down at your computer and let the (word) vomit fly. Emily LaRusch | Digital Marketing Emily LaRusch is the Founder and CEO of Back Office Betties (www.BackOfficeBetties.com), the only Virtual Receptionist and Assistant solution to offer an unlimited plan for small law firms. As a customer service expert, Emily and her team help lawyers land more clients and make more money with legal specialized and relentlessly friendly call handling. Emily can be reached at (800) 958-8591 or emily@backofficebetties.com. How to Start Your Law Blog (and Why You Should) 24 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 3M any residents of Arizona can relate with that feeling of driving down the freeway, looking out your rear-view mirror only to see a police car behind you. Your heartbeat starts to speed up. You wonder “Have I not paid a speeding ticket?” or “Did I miss a court date that I was supposed to attend?” You hope that the police car in your lane has something more important to do then pull you over. These are the fears that are attached to someone that might have a warrant. Having a warrant won’t go away until you resolve this outstanding issue and unfortunately it can catch up with you at the most unexpected times. You could be arrested during a simple speeding violation because your identification shows in their database with an outstanding warrant. The state of Arizona the two most common types of warrants are: Bench Warrants: which are issued when a defendant does not appear for their scheduled court hearing. Because of this “Failure to Appear”, the judicial officer authorizes law enforcement to make an arrest of the individual listed on the warrant. This also includes a bench warrant issued for a probation violation. Arrest Warrants: which are issued to law enforcement when they have reasonable belief to suspect that a person has committed a crime. Here are some of the most common questions regarding a warrant and how to resolve it. HOW CAN I FIND OUT IF I HAVE A WARRANT IN MARICOPA COUNTY? In the past you would be able to contact a bail bond company and ask to assist in locating your warrant. Arizona has since changed their policy and now requires you to do the research and verify if you have a warrant. According to The Judicial Branch of Arizona’s website for Maricopa, you can complete your own research by going to azcourts. gov or call one of the numbers listed below: Criminal Court Administration Information Desk - 602-506-8575 Arizona Department of Public Safety (DPS) - 602-223-2233 HOW LONG IS A WARRANT IN EFFECT? An arrest warrant stays in effect indefinitely until the individual is arrested. The warrant can only be resolved, “quashed or cancelled”, by the issuing court. IF I AM LIVING IN ARIZONA AND FIND OUT I HAVE A WARRANT, WHAT SHOULD I DO? It is always recommended that you seek legal representation as soon as you find out that you have a warrant. Your attorney will be able to confirm the facts of the warrant and may be able to file a motion to quash or resolve the warrant. If you do not have an attorney, you can contact the court that issued the warrant for additional information. WHAT CAN I DO IF I NO LONGER LIVE IN ARIZONA BUT HAVE AN OUTSTANDING WARRANT IN MARICOPA COUNTY? Regardless of where you live, it is still recommended that you seek legal. Know that a hearing on your warrant can only be set with the court that issued the warrant. If your warrant was issued due to a Maricopa County Probation violation, contact 602-372-0427 for additional information. If your warrant was issued by a Superior Court Judge in Maricopa County, you can contact 602-506- 8575 for the phone number of the judicial officer’s division that issued the warrant. OKAY, I FOUND OUT I HAVE A WARRANT, HOW CAN A BAIL BOND COMPANY HELP? As mentioned before, the laws in Arizona have changed and they require anyone who has a warrant to self-surrender at court. This means that if the judge wishes to place you in custody and require a bond for your release, they can. You will then get booked in the jail and placed in their system and have to go through the process of trying to get bond assistance. By contacting a bail bond provider in Arizona prior to self-surrendering or your court date, you can eliminate any unnecessary time in jail and get released as quickly as possible. They can discuss all of the requirements for posting your bond and make all arrangements so that your bond can be posted immediately upon your booking. With this information hopefully you can drive down the road and avoid that uncomfortable feeling of “What If?” the next time a police car happens to be right behind you. RANDY FELDMAN | Bail Bonds Randy Feldman is an Owner/Operator at Sanctuary Bail Bonds since its creation in 2010. Mr. Feldman has also been in the Hospitality Industry for over 30 years and utilizes this knowledge to provide attorneys and their clients with the best possible service available. Rated the #1 Bail Bonds Company, Sanctuary Bail Bonds and Mr. Feldman continue to change the stigma placed on Bail Bondsmen and the industry as a whole. So You Think You Have a Warrant? What Should You Do? 25“ We’re the people’s law firm, we have an obligation to those who have nowhere else to go.” As Arizona’s Attorney General, Mark Brnov- ich takes this responsibility seriously. Chief legal counsel for the state, Brnovich’s responsibilities and those of his staff are both diverse and far-reaching. Brnovich and his team have fearlessly (and successfully) taken on the likes of Theranos, Volkswagen and General Motors, challenged the legality of rising state college tu- ition and ramped up measures to protect the consumers of this state from a host of attempts to defraud. And that’s just the tip of the iceberg. Utilizing a very user-friendly website as well as traditional contact mediums, Brnovich and his team field hundreds of complaints and concerns almost daily. “I take it as a compliment when people comment that we have an active AG’s office,” says Brnovich. “I always say that I’m the people’s lawyer and we’re the people’s law firm. I’m one of those rare government officials who likes com- plaints. I want people to notify us when there’s something wrong, that way we can try to address the situation.” The son of an emigrant mother who in the 1950’s es- caped the oppression of communism; Brnovich has both a healthy regard for and determined commitment to protect and fight for the people of this state. “I’ve told my staff that what we do in this office affects people every day,” he says, “so we are going to work hard, every one of us regardless of what division you’re in, to make sure we do everything we can to make a positive impact in Arizonian lives. I feel like we do that.” The largest law office in the state, the attorney gener- al’s office oversees seven separate divisions that include: Criminal, State Government, Child and Family Protec- tion, Civil Litigation, Appeals and Constitutional Litiga- tion, Communications and Operations. While this represents a vast range of duties and respon- sibilities, this administration has placed a priority on con- sumer protection. In just the last year alone, Brnovich and his staff secured more that $33 million in consumer resti- tution through lawsuits and settlements. Since he first as- sumed the office in 2015, they have secured recoveries in excess of $94 million for consumers which is greater than the prior two administrations combined. “It doesn’t mean we can solve every problem or win ev- ery case, but we’re going to try,” says Brnovich. “We hold people accountable. It doesn’t matter if you’re a major in- ternational corporation like Volkswagen or a large entity with political connections like Theranos. We have been very aggressive about going after those who try to rip-off the people of Arizona.” IMPACT OF COVID-19 His administration has proven to be a very hands-on and proactive one tackling some of the most consequen- tial issues affecting not only the citizens of Arizona but the entire country. And while even the briefest perusal of the informative AG website makes it obvious that his office is Attorney General Mark Brnovich Arizona’s Greatest Advocate BY SUSAN CUSHING 26 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 3So we are going to work hard, every one of us regardless of what division you’re in, to make sure we do everything we can to make a positive impact in Arizonian lives. I feel like we do that.” continually attacking affronts on all sides, Br- novich, like the rest of the world, is particular- ly focused on COVID-19 and the subsequent issues that arise in relation to that. “Unfortunately, history has shown when there is a disaster or tragedy, it brings out the best and some of the worst in people,” says Brnovich. “You see variations of scams that we’ve seen before. For example, people have received phone calls and emails allegedly from the government or another agency offering to help them get an economic impact check. “On another level there are those, who are advertising specific products like toothpaste, potions or formulas that are supposed to pre- vent contracting the coronavirus or, in some cases profess to be a ‘miracle cure,’” he adds. Issuing cease-and-desist letters to Arizona businesses selling COVID-19 cures or treat- ments, warning letters to gyms on cancella- tion policies, warnings about bogus “assists” in obtaining government stimulus checks and addressing scams that specifically target seniors are just a few examples of where the AG’s office is staging attacks on these would- be predators. Brnovich also cautions that the current social-distancing environment can exacerbate already existing problems for many. “Even before this pandemic, we had a serious issue in this country relating to mental health. Last year this country lost about four thousand people a month as a result of suicide and one of the things I’m worried about is depression and the overall affect this crisis is going to have on mental health. “One of the things I think is so important to remind people is that even with this isolation and social-distancing we need to remember to stay in touch with parents, grandparents, aunts, uncles those people who may not have people around and perhaps aren’t adept at us- ing things like social media. Make sure you let them know that someone cares about them.” WED TO THE LAW Married to U.S. District Court Judge Su- san Brnovich, the two met while they were both working as prosecutors in the Maricopa County Attorney’s Office. “I’m guessing it wasn’t my looks that attracted her,” Brnovich jokes, “But she does tell our kids that she used to come watch me in trial because she loved how good I was in the courtroom. So at least I have that going for me.” When asked how being part of a “power- couple” impacts his life, Brnovich smiles dev- ilishly and quips, “Well now I have to rise ev- ery time she comes into the room!” Just like the rest of us, the virus has impact- ed Brnovich’s homelife as well. He says that while both he and his wife continue to attend to their duties, going to work every day, the real challenge has been to find creative ways to keep their two very active teenage daughters entertained. “Our girls are very good students and right now of course, are doing school from home,” he says. “They get a little stir crazy, so I no- tice we’re taking a lot more walks at night as a family. My heart goes out to those who aren’t so fortunate as Susan and I who still have our jobs, because I know so many people are not in that same position. There are still so many unknowns. I guess this whole situation is a good reminder for us to count our blessings, spend time with our families, be thankful that everyone’s healthy and do everything we can to stay safe.” 27O ne of the most frustrating di- lemmas I run into with my consulting work with attor- neys is when a case finally settles for a lower price than it should have and the attorney tells me that was all they could get because it was a pre-existing condition. Pre-existing conditions do create inherent weaknesses that make one more susceptible to further injury. They also require less force to cause injury because the structural integ- rity has already been compromised. The odds are high that your client has one or more pre-existing conditions. Those odds are even higher than the probability that they have a prior mo- tor vehicle collision and the history. The important thing the doctor is to document are any changes in the affected area and how they may have gotten worse with the collision. It is equally important to document the lack of patient complaints or treat- ment for any pre-existing possibilities prior to the collision. When a doctor documents his lack of prior problems and/or the problems beginning with the crash the insurance company will have a more challenging time using pre-existing conditions as an excuse to settle To further refute the adjuster’s con- tention that your client’s injuries are all pre-existing conditions we will consider both the legal and the medi- cal precedence. LEGAL PRECEDENCE: I offer two cita- tions: Mauer v. US and Gilbert Law Summaries. In Mauer v. Unit- ed States the 2 nd District Court ruled, “It is settled principle of tort law that when a defendant’s wrongful act causes injury, he is fully liable for the resulting damage even though the in- jured plaintiff had a preexisting con- dition that made the consequences of the wrongful act more severe.” “A plaintiff’s recovery for damages caused by a defendant’s wrongful act may not be proportionately reduced because of a preexisting weakness or susceptibility to injury such as an os- teoarthritic condition or a weakness caused by a previous injury.” By the same token, Gilbert Law Summaries book on remedies states, “As long as the chain of causation is proved, any sort of hospital, medical or other therapeutic care is recover- able.“ However, in the “but” notes that follows this section, it explains the following: “If the plaintiff has a pre-existing physical condition that would inevitably have worsened, the plaintiff damages must be reduced to take this fact into account.” The challenge for the defense here is to prove inevitability. I have raised this question many times in a room full of doctors and asked what con- ditions will inevitably worsened. The best answers offered have been cancer, diabetes or MS. Diabetes we all agree can be controlled by diet and medica- tion. MS we agree also often goes into spontaneous remission. Neither con- dition must inevitably worsen. Unless your client is dealing with bone can- cer there is no inevitable worsening of their spinal pain, without the given trauma. Even with bone cancer there is the likelihood that the crash made the symptoms worse. MEDICAL PRECEDENCE: The AMA Guides to the Evaluation of Permanent Impairment is the great- est gift ever presented to doctors and attorneys in the personal injury arena. This book establishes the extent of an impairment caused by an injury. To add strength to its value the standards established in The Guides are based on the most current available research. Probably the most common excuse for denial is arthritic changes noted by radiologists when they are reviewing x-rays or MRIs. This is directly addressed in the 6 th Edition, which is the most current edition and the one used in Arizona. It states, “Common conditions related to degenerative changes in the spine, including abnormalities identified on imaging studies such as annular tears, facet arthropathy, and disk degenera- tion, do not correlate well with symp- toms, clinical findings, or causation analysis and are not ratable accord- ing to the Guides.” It goes on to say, “Developmental anomalies, including spondylolysis, some forms of spondy- lolisthesis, kyphosis and excessive lor- dosis or scoliosis are also not ratable.” A radiographic study that shows degenerative changes at one level does not preclude the probability of injury at another level. This is commonly seen with degenerative changes from a previous crash 20 or 30 years ago that the patient has never complained about. This is an asymptomatic condi- tion that created an inherent weakness and the probability of greater injury with less force and next time around. What is also commonly seen is inju- ries above or below that pre-existing condition that are themselves new in- juries. BILL GALLAGHER, DC, CMVI | Chiropractor Scottsdale chiropractor, Bill Gallagher has taught personal injury seminars across the US and in Europe through the American Academy of Motor Vehicle Injuries. He also offers support to attorneys with Phoenix Medical Legal Services and the Concussion Recovery Center. He can be reached at drbillgallagher@yahoo.com or 480-664-6644. Mythology of Personal Injury: Pre-Existing Conditions 28 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 3TALK TOWNof the VIEW View the latest news from lawyers, law firms and associations at attorneyatlawmagazine.com/ talk-of-the-town/ SUBSCRIBE Want to stay-up-to date? Subscribe to the weekly newsletter at attorneyatlawmagazine.com/ subscribe/ SUBMIT Want to share your news? Submit your press release at attorneyatlawmagazine.com/ submit-news/ ATTORNEYATLAWMAGAZINE.COMNext >