Chaney Firm lawyers to teach CLE classes on bad faith, common auto defenses

​Nathan and Taylor are each scheduled to teach a continuing legal education class during a program sponsored by the Arkansas Trial Lawyers Association on June 6–7. Nathan's topic is insurance bad faith, a topic on which Nathan has written before. His presentation will explain the different types of the tort, and will offer tips and advice on successfully bringing and proving a bad faith case against an insurance company. 

Taylor's topic will cover defeating the so-called MIST defense in auto injury cases.​ In many cases without much external damage to the vehicles involved, insurance companies will defend the cases on the theory that because the cars aren't hurt, the occupants of those cars shouldn't be hurt either. Taylor's presentation will focus on scientific literature published over the past 20 years that roundly rejects this theory, and will provide legal authorities showing that insurance companies cannot meet the burden of proving these flawed scientific arguments.

The CLE lineup contains several notable Arkansas lawyers, and we invite you to attend.​

Banish the Paper Blizzard, Part 1: Introduction

Since beginning the practice of law nearly a decade ago, I have studied the problem of paper overflow from the perspective of an attorney in a document-driven practice. Why listen to me? Well, I happen to have almost two decades of work experience with computer networking and administration. With the patient support of a willing lawyers around me, I have tried and discarded many options while navigating two firms to a workable paperless solution that provides the benefits we need at a cost we can afford. 

The purpose of this series is to provide you with insight on what I believe to be a better way to practice law.  I hope to help you establish a framework upon which you may build a less paper-reliant practice.  For most law firms, effective paper management necessitates a change in philosophy about when paper is truly necessary.  I hope this series encourages you to commit to such a change, as I believe it will improve your practice and ultimately your quality of life.

Why is intellectual property important? — Part 2

Justification No. 2: 

Intellectual Property = Big Business

Let’s look at the iPhone. It’s covered by 100’s or 1000’s of patents. There’s currently a worldwide patent fight between Apple and Samsung over phones and tablets. The loser gets products taken off the billion-dollar smartphone market.

Proponents say intellectual property helps companies bring cool new products to market.

Others think that being first to make a new product, or making the best product, results in the best company rising to the top.

Which argument do you think is better?

Why is intellectual property important? — Part 1

Justification No. 1: Morality vs. Stealing

Supporters of intellectual property say you shouldn’t steal ideas. (Copyright law says it’s ok to use Rembrandt’s Ten Commandments because it’s in the public domain). Examples of companies who believe this are prescription drug companies, Apple, and Microsoft.

Others believe ideas should be shared so society can advance more quickly. Examples of companies that believe this include Google. 

Which way do you lean?

JAMA talks low back pain

The Journal of the American Medical Association (JAMA) ​recently published an article on low back pain on its Patient Page. This article contains a good discussion of the anatomy of the back, the sources of low back pain, and the range of treatments that should be considered.

JAMA notes that low back pain can result from problems with muscles, bones, or nerves, but muscle pain doesn't move down the legs. When the patient has had trauma, imaging studies such as x-rays, MRIs, and CT scans are appropriate. JAMA reports that treatment may include exercise, physical therapy, chiropractic, acupuncture, over-the-counter or prescription medication, and, in rare cases, surgery.

One of the things that we found interesting is that the JAMA article cited a clinical guideline by the American College of Radiology (ACR). This article discusses the appropriateness of several types of imaging studies under different clinical conditions. The ACR guideline states that most uncomplicated low back pain resolves on its own, but that intervention is needed for more complicated cases. ​The guideline considers low back pain to be "complicated" when it is accompanied by trauma, cumulative trauma, or lasts longer than 6 weeks. The ACR guideline confirms that x-rays are appropriate for evaluating alignment and instability in the low back.  

The ACR guideline was published by the National Guideline Clearinghouse (NGC). The NGC is a governmental organization created in partnership with the American Medical Association and the American Association of Health Plans (now America's Health Insurance Plans [AHIP]). Its mission is to provide health professionals, health plans, and others a mechanism for obtaining objective information on clinical practice guidelines.

We are glad to see JAMA referencing the NGC's Guidelines. As lawyers who deal with health issues for our clients, we like to work with doctors who utilize the latest health guidelines in their practice.