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

2 hour CLE

Tuition: $195.00
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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

Credits

Alaska

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 General, 1 Ethics

Arkansas

Approved for CLE Credits
1 General, 1 Ethics

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1 General, 1 Ethics

California

Approved for CLE Credits
1 General, 1 Ethics

Colorado

Pending CLE Approval
1 General, 1 Ethics

Connecticut

Approved for CLE Credits
1 General, 1 Ethics

District of Columbia

No MCLE Required
1 General, 1 Ethics

Delaware

Pending CLE Approval
1 General, 1 Ethics

Florida

Approved via Attorney Submission
1 General, 1 Ethics Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General, 1 Ethics

Hawaii

Approved for CLE Credits
1.2 General, 1.2 Ethics

Iowa

Pending CLE Approval
1 General, 1 Ethics

Idaho

Pending CLE Approval
1 General, 1 Ethics

Illinois

Approved for Self-Study Credits
1 General, 1 Ethics

Indiana

Approved for Self-Study Credits
1 General, 1 Ethics

Kansas

Pending CLE Approval
1 General, 1 Ethics

Kentucky

Pending CLE Approval
1 General, 1 Ethics

Louisiana

Pending CLE Approval
1 General, 1 Ethics

Massachusetts

No MCLE Required
1 General, 1 Ethics

Maryland

No MCLE Required
1 General, 1 Ethics

Maine

Pending CLE Approval
1 General, 1 Ethics

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 General, 1 Ethics

Minnesota

Approved for Self-Study Credits
1 General, 1 Ethics

Missouri

Approved for Self-Study Credits
1.2 General, 1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Pending CLE Approval
1 General, 1 Ethics

North Carolina

Approved for Self-Study Credits
1 General, 1 Ethics

Nebraska

Pending CLE Approval
1 General, 1 Ethics

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes, 60 Ethics minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General, 1 Ethics

Nevada

Approved for Self-Study Credits
1 General, 1 Ethics

New York

Approved for CLE Credits
1.2 General, 1.2 Ethics

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
1 General, 1 Attorney Professional Conduct

Oklahoma

Pending CLE Approval
1 General, 1 Ethics

Oregon

Pending CLE Approval
1 General, 1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 General, 1 Ethics

Rhode Island

Pending CLE Approval
1 General, 1 Ethics

South Carolina

Pending CLE Approval
1 General, 1 Ethics

South Dakota

No MCLE Required
1 General, 1 Ethics

Tennessee

Approved for Self-Study Credits
1 General, 1 Ethics

Texas

Approved for CLE Credits
1 General, 1 Ethics

Utah

Pending CLE Approval
1 General, 1 Ethics

Virginia

Not Eligible
1 General Hours, 1 Ethics Hours

Vermont

Approved for CLE Credits
1 General, 1 Ethics

Washington

Approved via Attorney Submission
1 Law and Legal, 1 Ethics Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1.2 General, 1.2 Ethics

Wyoming

Approved for Self-Study Credits
1 General, 1 Ethics

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