Litigation Attorney

Job Description Position: Litigation Attorney Department: Personal Injury FLSA Status: Exempt Reports directly to: Supervising Attorney The Litigation Attorney will work directly with our Personal Injury department, as well as Workers’ Compensation, Employment Law, and other departments within the Firm. The litigation attorney will be responsible for all aspects of litigation, including but not limited to drafting complaints, drafting and responding to discovery, meeting with and communicating with clients on a regular basis for medical management and case evaluation and strategies, maintaining an active case list with status of cases, taking and defending depositions, hiring experts and designating experts, preparing for and trying cases to verdict. Including opportunities to take some cases to trial and /or second-chair or co-chair with other attorneys at the firm. Litigation attorney will assist with other cases not under his or her domain, in order to cover appearances for other lawyers when available. The Litigation Attorney will use professional concepts to resolve moderate to complex claims issues through negotiation, mediation, or court proceedings. In addition, the Litigation Attorney will need to work independently and use judgment to prepare legal pleadings, motions, statements, and trial briefs while coordinating and/or working jointly with supporting staff; participating in depositions; actively meeting with clients; and investigating cases while handling 30 to 65 litigation with the support of a litigation secretary / paralegal. Primary duties/responsibilities include, but are not limited to: · Manage a POD that consists of primarily litigation files with the assistance of the assigned pod members and Firm support staff; · Manage and lead the handling of up to 65 personal injury files in various stages of pre-litigation and litigation · Assist and direct case managers with day to day management of medical treatment of pre-litigation and litigation matters; · Assist and direct investigation on all pre-litigation (as applicable) and litigation matters; · Provide availability/”open door” policy for case managers to present questions on matters for attorney review and final approve; · Assist case managers, as needed, in negotiating pre-litigation settlements; · Evaluate potential and current matters for valuation purposes to aid in early resolution; · Evaluate, create and execute a litigation plan for potential and current matters from pre-litigation through trial; · Identify and retain medical experts and/or legal experts for each respective matter, including their preparation for trial and/or depositions; · Supervise support staff, including a litigation secretary and two pre-litigation case managers; · Maintain communication with client and staff through the course of the claim and litigation; · Perform legal research on relevant issues during the pre-litigation process throughout the course of litigation; · Prepare summons, complaints and other responsive pleadings for filing with the appropriate court; · Propound and respond to written discovery; · Draft meet and confer letters to opposing counsel regarding discovery issues; · Prepare clients for depositions and other applicable hearings (i.e. minor’s compensation hearings); · Take and defend depositions throughout the course of litigation; · Prepare and respond to law and motion; · Attend mediation and other court appearances; · Responsible for preparing matters for trial, including the creation of all trial documents, motions in limine and oppositions to defense motions in limine, outline for direct and cross-examination of witnesses, etc.; · Conduct monthly file reviews with each team member; · Review and edit demands written by demand team; · Assist Firm’s Associate Attorneys in the preparation for and actual commencement of jury trials; · Responsible for overseeing liability investigations of all assigned PI matters; · Responsible for participating in monthly file reviews with PI Managing Attorney(s); · Responsible for the medical management of all assigned PI matters, including reviewing all medical reports and medical recommendations by treating medical providers; and · Other duties as assigned by Management. Competencies/Skills: · Active, acute knowledge of medical experts; · Active, acute knowledge of legal experts; · Active, acute knowledge of mediators, judges, arbitrators; · Active knowledge of health insurance issues including Medi-Cal, Medi-Care, Kaiser, etc.; · Active knowledge and ability to settle pre-litigation/litigation cases for full value; · Ability to meet with “problematic” clients; · Ability to determine need to file suit small claims, limited jurisdiction, unlimited jurisdiction; · Ability and active knowledge to negotiate medical liens upon settlement or award; · Ability to identify “high value” cases early on and coordinate with paralegals; · Ability to identify “low value” cases and knowledge of when to drop/refer matter out; · Active knowledge of statute deadlines; · Availability to actively investigate a case go to scene; talk to witnesses; talk to doctors, etc.; · Knowledge of government claim timelines/deadlines/statutes; · Knowledge of worker’s compensation timelines/deadlines/statutes for cross-over cases; · Knowledge of Uninsured/Underinsured Motorist timelines/deadlines/statutes; · Knowledge of Premises Liability cases and active knowledge of liability arguments, case development, etc.; and · Computer skills such as MS Office, and on-line research tools such as LEXIS-NEXIS, West Law. Qualifications: · Juris Doctorate degree and current good standing with CA State bar is required; · Minimum 7 years’ experience working in a law firm Personal Injury department; · Must possess excellent interpersonal and social skills; · Must take initiative and demonstrate compassion for those requiring Personal Injury services; · Excellent written and verbal communication skills; · Must have good familiarity with Workers’ Compensation terminology; and · Bilingual, fluent in English and Spanish, strongly preferred.

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