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Case Details:

The case revolves around a legal malpractice action against a state public defender, who represented a client convicted of sexual abuse. The client, Donald Lyle Clark, was convicted and sentenced to prison. The conviction was affirmed on appeal. However, in postconviction proceedings, the court determined that Clark's defense counsel had provided ineffective assistance and ordered a new trial. The state declined to prosecute, and Clark filed a civil action for legal malpractice against the state as the lawyer’s employer. The district court granted partial summary judgment, holding that the finding of ineffective assistance in the postconviction proceedings established counsel’s negligence as a matter of law. The jury found the lawyer negligent and awarded Clark $12 million in emotional distress damages. The Supreme Court of Iowa reversed the judgment for emotional distress damages. The court clarified that to recover emotional distress damages for legal malpractice, the plaintiff must prove more than negligence. The court held that the plaintiff must prove by a preponderance of clear, convincing, and satisfactory evidence that the criminal defense attorney acted with willful and wanton disregard for the client’s rights or safety. The court concluded that the district court erred by instructing the jury that negligence was sufficient. The case was remanded for further proceedings consistent with this opinion. (Source)

Guest Bio:

Mel Orchard

Mel Orchard is a trial lawyer, trying cases in the courtrooms across America, for the past 27 years. Mel has litigated and/or tried hundreds of cases in his career and has recovered hundreds of millions of dollars in settlement and verdicts for his clients. During his trial career, Mel has been a part of record-breaking civil jury verdicts in various jurisdictions (Wyoming, Arizona, and Iowa). He has also devoted significant time to pro bono work through Lawyers and Advocates for Wyoming, and many local and national charities.

In addition to preparing for trial or being in trial, Mel was a senior faculty member and board member at the Trial Lawyer's College in Wyoming and was recently selected to join the Board.

Mel also lectures and presents to various legal organizations throughout the country including Bar Associations, Leadership Organizations and has taught Judicial Ethics to various groups of judges. He was Chairman for the Wyoming Commission for Judicial Conduct and Ethics where he served as a member for six years after appointment.

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Great Trials Podcast

Show Sponsors:

Legal Technology Services 

Harris Lowry Manton LLP - hlmlawfirm.com

Production Team:

Dee Daniels Media Podcast Production

Show Sponsors:

Harris Lowry Manton LLP - hlmlawfirm.com

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

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Episode Details:

Michael Levine -- a partner at Rappaport, Glass, Levine & Zullo LLP known as "Motorcycle Mike" -- explains how he secured justice for 33-year-old air traffic controller Kevin Barrett, who endured a painful through-the-knee amputation after a pick-up truck collided with his motorcycle and crushed his right leg. The driver of the truck abruptly cut off Kevin, who was going 10 miles per hour over the speed limit, while making a left turn. Kevin uses a prosthetic limb as a result of this catastrophic injury. A Suffolk County, New York jury returned a $5,750,000 verdict, assigning 63% of the negligence to the defendant.

Click Here to Read/Download the Complete Trial Documents

Guest Bio:

Michael Levine

Michael Levine is, without a doubt, the prime example of a “Go-Getter”. In over 35 years Michael has never stopped chasing after perfection, and his reputation and record are a shining reflection of this. If you’re looking for a personal injury attorney who is a rare combination of experience, hard-charging, tactical, spirited, and unfailingly caring, you’ve found him.

At RGLZ we sometimes wonder how Michael finds the time and energy to do everything he does. He lectures often on his areas of expertise before the bar associations of Suffolk and New York State, serves on the Grievance and Judicial Screening committees for those bar associations, is on the board of directors of the Suffolk County Bar Association, writes articles for legal journals, has served as the President of the more than 4000 member strong New York State Trial Lawyers’ Association, is Mayor of his home town of Old Field, NY,  and still finds time to be an active part of the Long Island motorcycle community as Motorcycle Mike Esq.

This is all on top of a thriving practice here at RGLZ, where Michael handles litigation in numerous types of personal injury cases including motorcycle accidents, auto accidents, truck accidents, premises liability accidents, construction accidents, and railroad and subway accidents. He is also a friend of labor unions, taking cases for the Transit Workers Union and other large unions in New York.

Despite this nearly insane workload, Michael Levine is also regarded as a true friend to his clients. He prides himself on providing round-the-clock access for his clients, regularly taking their calls personally at all hours of the day. This is backed up by the fact that, in his entire career, Michael Levine has never had a grievance filed against him, and many of his clients remain friends to this day. There simply aren’t many attorneys out there who can make a claim like that. Despite Michael’s dedication to improving both himself and his profession as a whole, his clients always come first, and his priorities are always simple.

“In my time as a personal injury attorney, I’ve seen almost all there is to see. A large part of my life is coming into other people’s lives in what is likely their worst moments; and it’s tough. It hurts to see people in these situations. But at the same time, it’s what drives me. I know that I can make a difference for these people. And if, at the end of my time with them, I can see them smile, and feel just that little bit better… That’s what I do all of this for.”

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LISTEN TO PREVIOUS EPISODES & MEET THE TEAM:

Great Trials Podcast

Show Sponsors:

Legal Technology Services 

Harris Lowry Manton LLP - hlmlawfirm.com

Production Team:

Dee Daniels Media Podcast Production

Free Resources:

Stages Of A Jury Trial - Part 1 

Stages Of A Jury Trial - Part 2