Pain and Suffering Damages for Plaintiff’s Lawyers: Techniques for accurately quantifying injuries and support claims, and counters to defense tactics. (Includes 1 hr of Ethics)

Joshua Offenhartz
Joshua Offenhartz
Koeller Nebeker Carlson Haluck

Joshua Offenhartz is a partner with Koeller Nebeker Carlson Haluck, a dynamic law firm with presence throughout the country, employing more than 90 attorneys and 200 employees across nine locations throughout the West, Southwest, and Southeast.

Tracy L. Kepler
Tracy L. Kepler
CNA

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law.

On-Demand: October 11, 2024
This class is included in the myLawCLE All-Access Pass

Subscribe to myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

2 hour CLE
Tuition: $195.00
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I – Elevating Pain and Suffering Claims: Expert techniques for effective advocacy and client Engagement – Joshua Offenhartz

This session offers a comprehensive approach to strengthening pain and suffering claims by focusing on several critical elements. Participants will learn how to effectively utilize various experts to bolster their case and simplify complex legal terms for better understanding and impact. The session will address the “curse of knowledge” and its effect on communication and provide strategies for humanizing clients to make their stories more compelling and relatable. Additionally, the program will cover techniques for accurately quantifying injuries to support claims and counter defense tactics. These insights will equip attendees with practical tools to enhance their ability to advocate for clients and achieve favorable outcomes.

Key topics to be discussed:

  • Utilizing different experts to support pain and suffering claims
  • Simplifying and explaining complex legal terms
  • Addressing and overcoming the curse of knowledge
  • Strategies for humanizing clients to enhance their narratives
  • Techniques for quantifying injuries and strengthening claims

Session II - Ethical Advocacy: Upholding our ethical obligations in pain and suffering claims – Tracy Kepler

This session covers the ethical considerations and best practices for lawyers when preparing witnesses for testimony, engaging in settlement negotiations, and communicating with clients and opposing parties. It emphasizes the importance of maintaining the confidentiality of sensitive communications, avoiding improper influence on witnesses, and making truthful statements during negotiations. Lawyers must navigate these complex issues while upholding their professional obligations and ensuring the integrity of the legal process.

Key topics to be discussed:

  • Ethical witness preparation
  • Confidential communications
  • Settlement negotiations

Closed-captioning available

Speakers

Joshua C. Offenhartz_myLawCLEJoshua Offenhartz | Koeller Nebeker Carlson Haluck

Joshua Offenhartz is a partner with Koeller Nebeker Carlson Haluck, a dynamic law firm with presence throughout the country, employing more than 90 attorneys and 200 employees across nine locations throughout the West, Southwest, and Southeast. KNCH successfully represents its clients in all types of legal matters and disputes, including multi-party, complex litigation matters involving construction defects, construction site accidents, entertainment and hospitality claims, automobile and trucking accidents, environmental claims, business law, employment law, insurance coverage and bad faith, as well as most other types of general civil litigation.

Offenhartz is a litigator and business lawyer who is a trusted advisor to companies on legal issues affecting their operations. Josh represents clients in the agriculture, construction, e-commerce, finance, medical, real estate, and culinary industries. He also serves as outside counsel for several small, medium, and growing businesses that need day-to-day legal advice for their growing companies. Josh takes pride in solving problems and loves working with entrepreneurs and business owners. He is detail-oriented and believes in providing his clients with a very thorough investigation and evaluation of their case to ensure an accurate assessment of risks and the best possible outcome. These skills combined with Josh’s privatesector experience make him an ideal attorney for businesses seeking a solutions-based attorney who can navigate the intersection of business and law.

Josh believes in giving back to the community. He is a member of a local school board’s Financial Advisory Board and a board member of the Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men’s Art Council and helps others by volunteering with Big Brothers and Big Sisters of Arizona, the Saint Mary’s Food Bank, and the Wounded Warrior Project.

Outside of work Josh enjoys spending time with family. He is also a passionate sports fan, amateur cinephile, and he teaches a class for teens that promotes leadership, civic engagement, and philanthropy.

 

Tracy L. Kepler_myLawCLETracy L. Kepler | CNA

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Tracy lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues.

Prior to joining CNA, Tracy served as the Director of the American Bar Association’s Center for Professional Responsibility (CPR), providing national leadership in developing and interpreting standards and scholarly resources in legal and judicial ethics, professional regulation, professionalism, client protection, professional liability and attorney well-being. Ms. Kepler has nearly 20 years of experience in attorney regulation as she served as an Associate Solicitor in the Office of General Counsel for the U.S. Patent & Trademark Office (USPTO), where she concentrated her practice in the investigation, prosecution and appeal of patent/trademark practitioner disciplinary matters before the Agency, U.S. District Courts and Federal Circuit, provided policy advice on ethics and discipline related matters to senior management, and drafted and revised Agency regulations. She also served as Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission (ARDC), where she investigated and prosecuted cases of attorney misconduct.

Ms. Kepler has served in various volunteer capacities, including as President, on the Board of the National Organization of Bar Counsel (NOBC), a non-profit organization of legal professionals whose members enforce ethics rules that regulate the professional conduct of lawyers who practice law in the United States and abroad. Ms. Kepler is currently an Adjunct Professor at American University’s Washington College of Law, Georgetown University Law Center and Loyola School of Law (Chicago) teaching Legal Ethics. Committed to the promotion and encouragement of professional responsibility and attorney wellbeing throughout her career, Ms. Kepler has served on the ABA’s Commission on Lawyers Assistance Programs, is a Board member of the Institute for WellBeing in Law (formerly the National Task Force on Lawyer Well-Being) and is an author of its Well-Being Report. She is also a Board Member of the Mindfulness in Law Society and the Vice Chair of the ABA IPL Section’s Attorney Well Being Committee. She is a graduate of Northwestern University in Evanston, Illinois, and received her law degree from New England School of Law in Boston, Massachusetts.

Agenda

Session I – Elevating Pain and Suffering Claims: Expert techniques for effective advocacy and client Engagement | 1:00pm – 2:00pm

  • Utilizing different experts to support pain and suffering claims
  • Simplifying and explaining complex legal terms
  • Addressing and overcoming the curse of knowledge
  • Strategies for humanizing clients to enhance their narratives
  • Techniques for quantifying injuries and strengthening claims

Break | 2:00pm – 2:10pm

Session II – Ethical Advocacy: Upholding our ethical obligations in pain and suffering claims | 2:10pm – 3:10pm

  • Ethical witness preparation
  • Confidential communications
  • Settlement negotiations

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Trending CLE Webinars
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Mon, December 30, 2024
On-Demand
Live Replay
4th Annual Tax Rep Summit [4-Day Event]
4th Annual Tax Rep Summit [4-Day Event]
Green & Sklarz LLC.
On-Demand
Inherited IRAs in Estate Planning (2025 Edition)
Inherited IRAs in Estate Planning (2025 Edition)
The Law Office of Gadi Zohar
On-Demand
Playing Defense at 30(b)(6) Depositions (2024 Edition)
Playing Defense at 30(b)(6) Depositions (2024 Edition) Fri, January 10, 2025
On-Demand
Live Replay
Mini-Med School for Lawyers: What Attorneys and Experts Need to Know (2024 Edition)
Mini-Med School for Lawyers: What Attorneys and Experts Need to Know (2024 Edition)
Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX).
On-Demand
AI Unleashed: Transforming litigation with cutting-edge innovations
AI Unleashed: Transforming litigation with cutting-edge innovations Mon, September 30, 2024
On-Demand
Live Replay
The Current State of Play of Carbon Credit Markets
The Current State of Play of Carbon Credit Markets Mon, December 30, 2024
On-Demand
Live Replay
Upcoming CLE Webinars
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Mon, December 30, 2024
On-Demand
Live Replay
The Current State of Play of Carbon Credit Markets
The Current State of Play of Carbon Credit Markets Mon, December 30, 2024
On-Demand
Live Replay
Playing Defense at 30(b)(6) Depositions (2024 Edition)
Playing Defense at 30(b)(6) Depositions (2024 Edition) Fri, January 10, 2025
On-Demand
Live Replay
The Use of Deepfake AI Evidence in Court
The Use of Deepfake AI Evidence in Court Wed, January 15, 2025
Live Webcast
Business Judgment Rule: What Attorneys Should Know
Business Judgment Rule: What Attorneys Should Know Thu, January 16, 2025
Live Webcast
PTSD 101: What attorneys should know (2024 Edition)
PTSD 101: What attorneys should know (2024 Edition) Fri, January 17, 2025
On-Demand
Live Replay