Litigation has always been my focus. While most attorneys are seeking to enter a guilty plea to criminal charges, I have been seeking trials. Similarly, the overwhelming majority of civil litigation attorneys have never gone to trial for their clients, but that is the only forum where fair value can be obtained for many clients.Example cases
PERSONAL INJURY - TRAUMATIC BRAIN DAMAGE - Client was a self-employed bulldozer operator who only had a first grade education. He was 63 years old at the time of the collision, and made his living running heavy earth-moving equipment. While in his pick-up truck returning from a service station with a full 55 gallon drum of diesel fuel for his bulldozer, an oncoming tractor-trailer driver was speeding along Highway 72 in Elbert County, GA. The vehicle ahead of the tractor-trailer slowed to be able to turn left. The driver of the speeding tractor-trailer saw that he did not have time to stop before striking the rear of the small vehicle, and had to make a split-second decision to either go off the highway to the right side of the small car (where a slope led to a small water runoff drainage area), or attempt to veer left (across the lane where Client was traveling) to a flat surface that would likely not cause his rig to overturn. He chose to go in the direction that would not flip his tractor-trailer rig, and Client's pick-up was not able to avoid the collision with the set of rear tires of the tractor-trailer rig. Client was knocked unconscious by the impact, and suffered a bad scrape and bruising of his upper forehead and scalp. He was awakened by other motorists shortly after the crash, but was dazed. He was soaked in diesel fuel, which had slammed into the cab of the pickup truck and erupted. He feared being burned alive, since the doors would not open on the pickup, due to compaction of the front end of the truck. A precautionary hospital visit to a local hospital resulted in his release four hours later. The total medical costs were less than $500, and the medical tests revealed no permanent damage. The problem with the case was that every time Client got back on his earth-moving equipment, he became nauseous. The problem persisted, even after two more neurologists declared him to be fine. Because Client had never missed work before due to any health issues, and (prior to this visit) had never been in a hospital, the correlation to this collision was obvious. Finally, an Emory specialist in complex head trauma cases found the problem: his skull was cracked longitudinally, running from the center of his nose area straight back across the top of his skull. This crack was not detected on the routine scans that were done, but was picked up by special equipment at Emory University Medical School.
At the eve of litigation in Fulton County State Court, the case settled in 1988 for $500,000, despite the relatively low earnings of Client, his first grade education level and his age of 63 years at the time of the incident. The amount he received, combined with social security, allowed him to retire in fairly good financial shape, if the money was conserved.
MEDICAL MALPRACTICE: I have handled litigation of all types in my 34 years of practice. This appeal from a quarter century ago was handled for a friend's daughter who had obviously received very poor medical care from a doctor near the middle school where she taught in Elbert County, Georgia. The complete unwillingness of the Elbert County doctor (who is apparently no longer in practice) to admit any responsibility for harming Ms. Killingsworth through medical negligence led to the filing of a civil suit for malpractice by me (attempting to inject a muscle pull in her shoulder blade area of her back, and (instead) puncturing her lung. The case is reported at Killingsworth v. Poon, 167 Ga.App. 653, 655, 307 S.E.2d 123 (1983). The holding of the case was that some OBVIOUS acts of medical malpractice
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Litigation is the ESSENCE of being an attorney. Those attorneys who opt to not go to trial provide a public great service, but the litigators are the ones who SHAPE the law. No prime time television shows are about preparing wills or preparing interrogatories. The Scopes Monkey trial in Tennessee and Brown v. Board of Education were landmark cases that were derived from LITIGATION.
I have written two books, in 1991 and 2006, that focused on CLIENT level explanations of legal issues. I have also published over a dozen "white" papers for laymen, as can be reviewed at Avvo.com.
Here are 57 reviews of legal situations for citizens who paid me nothing for advice: Avvo.com.
Any issue that a person could handle himself or herself is non-complex. These are able to be handled pro bono, if the matter is simple. . Litigation is complex. Therefore, I merely refer people with non-complex matters to attorneys who are employed to help indigent citizens with these cases.
I have always been a private attorney, never a prosecutor or government attorney. I have been involved in numerous partnerships and associations, but have always maintained my own identity, name recognition and "brand."
I have worked since I was eight years old. Every job -- convenience store clerk, lawn maintenance, washing cars, pumping gasoline, servicing cars, working at Tom Huston Peanut Company, selling life insurance, being a bank teller, selling cars, owning my own business (antique store) -- ALL taught me the value of earning a living and providing superior service to customers and clients. By treating my clients' legal matters like the case involved my OWN FAMILY, I have never lost focus of the goal and my high degree of responsibility to those I serve.
Tenacity. Refusal to give up or quit, regardless of the odds. Dogged determination. Being willing to get out of bed before dawn every day for 34 years, in an effort to succeed where other attorneys fear going.Personal interests:
My family and my work. Nothing else is allowed to interfere with these all-consuming activities. For over 25 years, I volunteered to speak at seminars, conduct mock trials, and mentor attorneys (including over 400 public defenders), in an effort to improve the competency of attorneys nationwide. See these endorsements by attorneys: Avvo.com.
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