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It is often said with criticism that personal injury cases are taken on a contingent fee basis. The implication is that the client, and for that matter the lawyer, have nothing to lose. This is an oversimplification and misleading, as often happens in a debate on the merits of the civil justice system. The plain […]

When I began practicing law in the 1980s, fillings in the Superior Courts of Massachusetts were in the range of 15,000 tort cases (i.e. torts are usually but not always personal injury cases). Beginning in the current decade, those figures have reduced by about half. Since 2000, the number of personal injury cases filed in […]

Attorney Robert I. Feinberg has been designated as a “Super Lawyer” in the category of personal injury for the fifth consecutive year as reported in issues of the Boston Magazine. Significantly, these are the only years in which this list has been compiled. In 2007, his selection as a “Super Lawyer” was part of the […]

Why do evidence classes spend more than a month on hearsay? Because it is tricky, arguably convoluted, but as with such things fitting that negative description, it is important. A lawyer who is skillful in using objections, or defeating them, will strengthen his/her case and project confidence in so doing. In my last blog post […]

It is often said that the three most important factors in assessing the value of real estate are location, location, location. Well, the three most important factors in assessing the liability of a case are evidence, evidence, evidence. What about hearsay – the biggest impediment to introducing evidence? Hearsay, as many of you know, is […]