LITIGATION BACKGROUND: While in law school I clerked for a circuit court judge for three years. The job involved legal research, writing opinions, handling evidence and watching many trials and hearings. After the first two months I realized that litigation was my calling. I carefully studied every case and every lawyer that appeared in our court. I took every course pertaining to litigation that was offered and participated in every mock trial opportunity possible. I later taught moot court mock trail at the law school and took a team to the national competition in Houston, Texas in 1991.
EARLY EXPERIENCE: My first five years as a lawyer were spent as a general litigation practitioner for a small office. I handled domestic relations, criminal defense, plaintiff’s personal injury (bodily injury) and property damage cases and did business litigation and real property foreclosures (both plaintiff and defense).
INSURANCE DEFENSE EXPERIENCE: In 1987 I went to work as an ‘in-house’ litigator for an insurance company. The overwhelming majority of my work was ‘third party defense,’ defending insureds that had been sued. I also handled ‘first party defense’, representing the insurance company in uninsured motorist, underinsured motorist and personal injury protection claims. As a litigator for that office I appeared in courts as far south as Medford, as far east as Pendleton and in several other locations in between including Central Oregon. I handled personal injury and property damage claims both large and small in personal lines and commercial lines. Cases that did not resolve via negotiation, mediation or arbitration were taken to trial.
From 1995 until 2001 I was the managing attorney for the insurance company’s litigation department. During that time we expanded our involvement in subrogation, recovering money paid out by the insurance company against the persons or companies that caused the loss. We grew from an office of five attorneys to an office of sixteen. We expanded our involvement with commercial lines claims, especially in the area of construction defect and handled a great many cases under a reservation of rights, where the carrier has undertaken to pay for the defense but limited the areas for which it will indemnify or pay. In 2004 Angela Franco Lucero joined me as an associate attorney.
CURRENT PRACTICE: Since March of 2002 I have been in private practice doing both insurance defense and, absent a conflict, plaintiff’s or claimant’s work. I handle cases in the following areas:
INSURANCE DEFENSE REPRESENTATION:
-
Auto personal injury
-
Auto property damage
-
Homeowners premises liability
-
Commercial premises liability
-
Examinations under oath
-
Trespass and timber trespass
-
Uninsured, underinsured motorist and personal injury protection (PIP)
-
Subrogation-auto, property or fire loss
PLAINTIFF OR CLAIMANT REPRESENTATION:
- Auto bodily injury (personal injury)
- Auto property damage
- Other bodily injury (premises liability)
- Wrongful death
- Trespass or timber trespass
- Contract and breach of agreement litigation
OTHER AREAS OF REPRESENTATION:
- Insurance coverage disputes
- Defense not covered by insurance
- Business defense
- Contract or breach of agreement defense
- Reservation of Rights (ROR) cases
- Excess cases (Inadequate limits available)
OTHER SERVICES:
- Wills and health care directives
- Trusts
- Court annexed arbitrator
- Arbitrator or mediator
CURRENT PROFESSIONAL INVOLVEMENT:
- Member of OSB Affirmative Action Committee
- Clackamas County Circuit Court Judge, Pro Tempore
- CCBA President
Continue
