A Powerful Case Valuation Tool

1. A Powerful Case Valuation Tool Presented by the Alameda County Law Library October 5, 2010

2. Free at the Law Library! • VerdictSearch Online database can be accessed free of charge at the Main Library in Oakland. • We are the only public law library in Northern California that offers patrons free access to VerdictSearch Online. • Reference Librarians are available at the Main Library to provide one-on-one assistance in the effective use of VerdictSearch.

3. What is VerdictSearch Online? • Database containing searchable case reports drawn from ALM’s VerdictSearch(formerly Jury Verdicts Weekly) series of publications. • VerdictSearch case reports summarize select jury verdicts, judgments, settlements, and ADR decisions reached in civil lawsuits nationwide, disclosing the monetary damages awarded or settlement terms reached in the lawsuit. (See handout #1) • Featuring numerous search fields, VerdictSearch Online provides multiple points of entry into case reports through the Advanced Search Tab, facilitating targeted searching for several major purposes. (See handout #2) • VerdictSearch Online is used primarily as a case valuation tool, but can be used to perform three distinct types of searches. (See handout #3)

4. Print vs. Online Access • The library has replaced its print subscription to VerdictSearch California at the Main Library with VerdictSearch Online. • The Hayward Branch maintains a print subscription to VerdictSearch California. • Patrons reported that researching in the print volumes of VerdictSearch California is time-consuming and cumbersome. • Separate index issued every six months, and each index must be consulted separately to identify cases on point.

5. Advantages of the Online Interface • Comprehensive Coverage: Simultaneously search the content of all VerdictSearchtitles published since 1985. • Multiple Search Parameters: Online interface features 15+ search fields, permitting flexible, focused searching. • Efficiency: Select your search parameters and generate a results’ list in seconds. • Delivery Options: Print and email delivery options available. (See handout # 4)

6. Why Use VerdictSearch?: Three Search Types See Handout #3 • Case Valuation: Estimate what your case might be worth by reviewing damages obtained in comparable cases arising from a specific injury or cause of action. • Estimating potential damages facilitates critical decision-making with respect to accepting clients, requesting damages, and evaluating settlement offers. • Background Research: Retrieve cases involving a specific party, attorney, judge, or expert witness to review verdicts, settlements, judgments associated with that individual or entity. • Identify Expert Witnesses: Identify expert witnesses who have been retained in cases similar to yours and whose testimony has contributed to a favorable outcome in similar cases. • Your objective will dictate your search strategy and the limit(s) you select.

7. Advanced Search Tab: Limits See Handout #2 • Report Type (disposition) • Arbitration, Decision, Mediation, Settlement, Verdict-Plaintiff, Verdict-Defendant, Verdict-Mixed • Geographic Location • Venue or Court • Search by Name: • Party, Expert, Attorney, Judge, Insurance Carrier • Area of Expertise • Type of Injury • Case Type: • Primary Type and Secondary Type • Plaintiff Information • Age Range, Gender • Date Range • Full-Text Search

8. Advanced Search Tab What do you want to do? -Background Research -Case Valuation -Identify Expert Witnesses • The limits you select depend on your objectives.

9. Let’s Search!

10. Advanced Search Tab STEP 1: Select Report Type(s) and State(s) STEP 2: (Search type) Limit by Name (Background Research) OR Limit by Additional Search Details (Case Valuation or Identify Expert) COMBINE / OR Limit by Keyword (Case Valuation or Identify Expert)

11. Step 1:Limit by Report Type and State • Begin your search by selecting the report type(s) and geographic area(s) to which you would like to limit your search. • First step in any search.

12. Search Type #1 Background Research

13. Background Research • Use “Search by Name” limits to retrieve cases involving a specific party, attorney, judge, or expert witness to review illustrative verdicts, settlements, and judgments associated with that individual or entity. • Review past outcomesin case dispositions/awards associated with an entity or individual to identify trends and predictfuture behavior. • Is the party inclined to settle or use ADR? • Review awards a specific attorney has achieved. • How successful? • Review judgments a particular judge has awarded. • How generous?

14. Background Research: “Search by Name” Limits • Party Involved: Use to retrieve past settlements and awards for or against an individual, business, or government entity. • ex: City of Oakland, Kaiser Permanente • Insurance Carrier: Settlement terms reached with a specific insurance carrier. • Attorney Name: Research damages obtained by an attorney. • Judge Name: Judgments awarded by a specific judge. • Expert Name: Cases in which a specific expert witness was retained and whose testimony may have contributed to a favorable outcome.

15. Search by Name Limit: Party Involved Review previous verdicts/settlements obtained against an entity. Ex: “City of Oakland”

16. Search by Name Limit: Attorney Name Research awards achieved by a specific attorney. Ex: “John Burris”

17. Search by Name Limit: Judge Name Research judgments awarded by a specific judge. Ex: “Jo-Lynne Lee”

18. Search by Name Limit: Expert Name Cases in which particular expert witness was retained. Ex: “Dennis Govan”

19. Search Type #2 Case Valuation

20. Case Valuation • Use VerdictSearch to predict what your case might be worth by reviewing damages obtained in comparable cases. • Estimating potential damages facilitates critical decision-making with respect to accepting clients, requesting damages, and evaluating settlement offers. • Apply “Additional Search Details” limits to perform case valuation searches.

21. “Additional Search Details” = What’s It Worth? • Combine limits related to type of injury, location, case type (cause of action), and age or gender of plaintiff to retrieve a list of cases similar to your fact situation. • Review damages awarded/obtained in comparable cases to estimate the potential value of your case. • What have judges/juries in Alameda County awarded for this injury? • What have judges/juries nationwide awarded for this injury to a demographically similar plaintiff?

22. : Additional Search Details Limits:Venue or Court; Type of Injury • Venue or Court: Limit your search to verdicts, judgments and settlements realized in a specific county or court. • Combine with “Type of Injury” and/or “Case Type” limits to review what judges/jurors in a county/court have awarded for a specific type of injury/COA/category of plaintiff. • Type of Injury: Review damages awarded or settlements realized for specific types of injuries. Ex. spinal cord contusion, brain damage • The Injury Guide: Lists in alphabetical order all injuries indexed by VerdictSearch.

23. : Additional Search Details Limits:Case Type • ALM Editors assign multiple “Case Types” to cases reported in their publications based on cause(s) of action, legal issues, and facts. • Use the Primary Type and Secondary Typefields to retrieve cases that feature one or two specific causes of action/legal issues. • How much have juries in California awarded in Sexual Harassment cases, in Common Carrier Liability cases? • Include the popular name of a statute in the Primary or Secondary Type fields to retrieve cases in which the harm arose from the violation of a statute. ex: Civil Rights Act of 1964, Fair Labor Standards Act • The Case Type Guide: Lists all the causes of action, statutes, and case types indexed by VerdictSearch, organized by area of law.

24. : Additional Search Details Limits:Plaintiff Information • Limit your search to cases in which the plaintiff is demographically similar to your client. ex. Elderly woman, teenage boy • Age and gender limits are typically used in combination with case type or injury limits. • Age Range: (x – y) • Determine what impact plaintiff’s age might have on award, particularly if age was relevant to the harm suffered or the plaintiff belongs to a vulnerable age group. • Ex: Child abuse, predatory lending • Gender: • Particularly useful limit if gender was relevant to the harm suffered.

25. Case Valuation Search- Example #1Limits: Type of Injury; Venue

26. Case Valuation Search- Example #2Limits: Type of Injury; Age/Gender of Plaintiff

27. Case Valuation Search- Example #3Limits: Case Type; Gender of Plaintiff

28. Search Type #3 Identify an Expert Witness

29. Identify an Expert Witness • Area of Expertise: VerdictSearch can also be used to identify expert witnesses in a particular field. • Combine with the “Venue” limit to identify local experts. • The Area of Expertise Guide: Lists in alphabetical order all areas of expertise recognized by VerdictSearch. • After you have identified potential experts, use the Expert Namelimit to review cases in which that expert was called to testify.

30. Find an Expert WitnessLimits: Area of Expertise; Venue

31. Full-Text Searching

32. Full-Text Searching • Can be used separately or in combination with other limits to narrow your search, regardless of your search objective (background research, case valuation, or identification of expert witnesses). • Used when you want to limit your search to cases containing a significant fact, element, or term that cannot be expressed using the “Injury Type” or “Case Type” fields. • Ex: “duress,” “pit bull,” “bus driver,” “unnecessary,” name of law firm

33. Full-Text Searching

34. Using Terms and Connectors • VerdictSearch permits terms and connectors searching in the “Full-Text Search” box. • VerdictSearch recognizes standard search operators: AND, OR, NOT, NEAR (proximity searching) and several more. • Search for a phrase by enclosing the terms in brackets { },using the ABOUT connector, or checking the box next to “Find exact phrase.” • Truncation is possible using the wildcard % operator.

35. Advanced Search Tips

36. Refining & Viewing Your Results

37. Results’ List

38. Refining Your Results • Refine Search: Return to “Advanced Search Tab” to narrow an overly-broad results’ list by applying additional search limits. • Search by Date: Specify a date range to limit your search to recent awards or to identify trends. -Limit your search to recent cases to estimate current/prevailing valuations for your client’s injury.

39. Sorting Your Results • Sort Results: Once you are satisfied with your results’ list, you can apply a “Sort Results By” limit to display the results in a way that is most meaningful to you. • Sort Results By Limits: Date, Venue, Case Type, Report Type, Verdict Amount. • Defaults to “Date” sort, with most recent cases displayed at the top of the results’ list.

40. View Full Case Report See Handout #1 Cases displayed in results’ list appear in “Summary View.” To view the full “Case Report” of a case in your results’ list, click on the “View full case report” button to the right of the case summary. The “Case Report” will open in a new window.

41. Parts of a VerdictSearch Case Report See Handout #1 • Verdict/Disposition: Dollar Amount of Award, Verdict-Defendant, or Confidential Award/Settlement • Case Type(s): Cause(s) of Action • Case Name: Party Names, Case Number • Venue: County in which dispute was adjudicated. • Judge • Date: Date verdict, judgment, settlement reached. • Attorney(s) and Expert(s) involved in the case. • Facts: Circumstances surrounding the injury/harm sustained and summary of the allegations and defenses presented. • Injury: Details about injury/harm sustained and damages requested. • Verdict Information: Case disposition; breakdown of award by category of damages. • Editor’s Comments: Source of the reported information (plaintiff’s/defendant’s counsel, media).

42. CAUTION!: Don’t Click the “X” When you are finished viewing a “Case Report,” minimize the window, DO NOT close it. -Closing a window will automatically log you out of VerdictSearch, with a twenty minute timeout. -Reference Librarian will need to call Customer Service to restore your session.

43. To view another case in your results’ list, minimize the Case Report you are viewing and click the “View full case report” button located to the right of the next case.

44. Delivery Options • Printing: Content can be printed from VerdictSearch at a cost of .25 cents/page. • Email: Content can be emailed from VerdictSearch to your personal email address free of charge.

45. Printing from VerdictSearch Select “File”  “Print” to print Case Report to Reference Desk printer.

46. Emailing a Case Report 1. From Case Report, click on “Email Case” 2.“Email Case” dialog box will appear. 3. Select radio button next to “send report to only the following” 4. Enter your email address 5. Click “Send Email” button.

47. Market Your Practice Publicize your winning verdicts, settlements, and judgments by submitting them to ALM for publication in the print and electronic versions of VerdictSearch. - Make VerdictSearch part of your marketing strategy!

48. Search Examples Handout # 5