A good lawyer is able to discern between good and bad facts. A great lawyer is able to turn a bad fact into a good fact — or at least neutralize the bad fact. On this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of Lincoln Derr, share their experiences dealing with bad facts and their strategies to diffuse them. From documentation errors to medical mishaps, they walk through their process to transform bad facts into good ones. 

Every case has good and bad facts, but it’s important to embrace and manage the bad facts in order to win. In some cases, bad facts come in the form of perception. Take this radiology case, for example: in the radiology literature, there are often comments about the error of perception. However, misperception is different than a misinterpretation. Misperception isn’t negligent — it’s simply an error that comes with being human. That’s just one way to take this “bad fact” and shine it in a more positive light.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected].

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The post How to Turn a Bad Fact Into a Good Fact appeared first on Lincoln Derr.

With experience on the defense side, the attorneys at Lincoln Derr understand that medical malpractice cases can be emotionally and professionally devastating for the defendant. But what exactly goes into a medical malpractice case? On this episode of Trying 2 Win, Lincoln Derr co-founders Sara Lincoln and Tricia Derr break down the process. They walk through the North Carolina expert certification process, filing the claim, the discovery process, dismissals, and finding expert witnesses. 

The majority of medical malpractice cases are not medical negligence, but rather arise from unexpected complications. When a claim is filed against a physician, it’s important that experienced lawyers are in place to help preserve the physician’s reputation in the community. However, even the most experienced lawyers know that every case is not a winner. Although Sara Lincoln and Tricia Derr have had many wins in the medical malpractice field, they occasionally have to try cases they don’t love. 

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected].

Follow us on Twitter, Facebook, & LinkedIn.

Subscribe to Trying 2 Win on Apple Podcasts and Google Podcasts

The post The Anatomy of Medical Malpractice Cases appeared first on Lincoln Derr.

Whether you’re in the courtroom, on the scene of an investigation, or hiring in the business world, there’s one thing you want to uncover in your interviews: the truth. But how do you go about obtaining the truth? On this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of the civil litigation firm Lincoln Derr, talk with Certified Forensic Interviewer, Michael Reddington, about conducting great interviews and getting subjects to reveal essential information. Michael says that listening is a crucial skill to pick up on cues, build rapport with the subject, and ultimately, get down to the truth of the matter. He says “if we’re not listening, we’re not learning.”

Obtaining the Truth

Interrogation isn’t what you see on TV. It’s about carefully crafting a conversation that results in the interview subject sharing sensitive information. Michael says, “the best way to obtain the truth…is to help people save face and protect their self image.” Extracting the truth requires listening skills on the interviewer’s part — not threats or manipulation. Learn more about Michael’s research and principles here.

Body Language 

There are myths floating around about body language in an interview. Although it’s valuable to become a strategic observer and understand the nuances of a situation, Michael says that body language isn’t the truth hack Hollywood makes it out to be. There is no singular behavior that is always indicative of truth or deception.

The Disciplined Listening Method

Michael’s book, The Disciplined Listening Method, shares timeless insight into interviewing, unlocking hidden value, and embracing the totality of the human experience. Listening to others during interviews has not only helped Michael learn and discover truths, but it’s allowed him to connect more deeply with others and gain a better understanding of the complex nature of communication.

Michael Reddington is an executive resource, Certified Forensic Interviewer, President of InQuasive Inc., and author of The Disciplined Listening Method. He has spent over a decade conducting investigations and traveling the world, teaching interrogation techniques to law enforcement personnel, federal investigators, private sector investigators, and HR professionals. For this work, Michael received the Homeland Security Outstanding Contributions Award in 2011.

Michael has led thousands of programs and educated tens of thousands of participants on how to activate the truth in areas of leadership communication, sales, conflict resolution, customer service, candidate interviews, and more. He’s also a Forbes contributor and frequent guest on various media outlets and podcasts. Michael’s work goes well beyond facilitating and advising, and it’s never just a presentation, seminar, or advisory session — it’s always an experience.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected].

Follow us on Twitter, Facebook, & LinkedIn.

Subscribe to Trying 2 Win on Apple Podcasts and Google Podcasts

The post The Disciplined Listening Method with Michael Reddington Episode 16 appeared first on Lincoln Derr.

Like so many things in life, the term “zealous advocacy” was born with the best intentions. By definition, it is an attorney’s ethical obligation to do everything reasonable, within his or her means, to help a client achieve the goals set forth at the outset of the representation. But, as Lincoln Derr attorney Jeremy Sugg explains in this quick bonus episode, it has evolved over time to be used as a “crutch” — a defense for behavior that walks the line between true zealous advocacy and conduct that flirts with the edges of professionalism. “A lot of attorneys will toe the line of what is allowed under the rules of professionalism, and the defense is often, ‘Your honor, I’m being a zealous advocate. That’s what I have to do.’”

What the North Carolina Bar Association has to say

On its website the North Carolina Bar Association clarifies the rules attorneys must follow in the execution of their duties to their clients: “As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others.”

For more, visit ncbar.org.

About Jeremy Sugg 

My law license declares I am an attorney and counselor at law, and I take my role as a counselor very seriously. I work tirelessly to ensure my clients have all the facts and law to make the best decision for themselves or their business. If a client’s path leads us to a courtroom, I ensure the judge and jury have the relevant facts and law necessary to make the correct decision.

These have been my guiding principles since I first began practicing law.  In my first year of practice, I was appointed by a judge to represent a client who was charged with a Class “C” felony.  The client was an older gentleman who faced the prospect of spending the remainder of his life in prison.  The evidence against him was significant, but he refused to go down without a fight.  I was appointed to the case with the understanding it was a lost cause, but would be good experience for me.  At trial, I highlighted the shaky credibility of the State’s witnesses, and the jury returned a verdict of “not guilty.”

I have continued to put these principles into practice throughout my career.  I handle matters ranging from contract and real-estate disputes to defamation and products liability claims.  Whether for individuals, small businesses or large corporations, I guide my clients through the litigation process with full knowledge of the risks involved and an eye towards the most comprehensive resolution.

 Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Email us

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected].

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com andstudioworksgallery.com. 

The post Zealous Advocacy: Where is the line? The “Brief Series” appeared first on Lincoln Derr.

In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of the law firm Lincoln Derr, discuss the forensics of civil cases — specifically the “DNA” left behind by smartphones, apps, photographs, and more — and how attorneys can leverage that DNA at trial. “As a lawyer, you should be thinking about [data] and all the different ways that information could be available to you,” Tricia says.

Show Notes

A Morbid podcast

Electronic Evidence

As an example, Sara discusses the now infamous Duke Lacrosse case, in which defense attorneys used timestamps from ATM videos to prove the defendants were not at the scene of the crime during an alleged rape.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Email us

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected].

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com andstudioworksgallery.com. 

The post Civil DNA: Your Fingerprints Are Everywhere appeared first on Lincoln Derr.

Lincoln Derr attorney Jeremy Sugg joined us in the studio to pose an interesting question: Is there a difference between trial lawyers and litigators? The answer: It’s complicated. “The first time I ever heard the two phrases used, to the extent that it suggested there was a distinction, I was a young attorney, and someone was talking about a well-recognized attorney here in town,” Jeremy recalls. “This other attorney said, ‘He’s a trial lawyer not a litigator,’ and you could tell there was a negative connotation.”

Tricia Derr and Sara Lincoln, Lincoln Derr’s founders, identify themselves first and foremost as trial lawyers, simply because they want to be in the courtroom as many days as possible. Jeremy calls himself a “litigator who tries cases.”

The verdict on this one? You tell us. Are you a “trial lawyer” or a “litigator”? And is one better than the other?

SHOW NOTES:

The great debate

We aren’t the only ones asking this question: Check out this breakdown of trial lawyers vs. litigators from The Balance.

The American College of Trial Lawyers

Sara and Tricia are both fellows of the American College of Trial Lawyers, recognized as the preeminent organization of trial lawyers in North America, dedicated to maintaining and improving the standards of trial practice, professionalism, ethics, and the administration of justice. Learn more about the organization here.

About Jeremy Sugg

My law license declares I am an attorney and counselor at law, and I take my role as a counselor very seriously. I work tirelessly to ensure my clients have all the facts and law to make the best decision for themselves or their business. If a client’s path leads us to a courtroom, I ensure the judge and jury have the relevant facts and law necessary to make the correct decision.

These have been my guiding principles since I first began practicing law.  In my first year of practice, I was appointed by a judge to represent a client who was charged with a Class “C” felony.  The client was an older gentleman who faced the prospect of spending the remainder of his life in prison.  The evidence against him was significant, but he refused to go down without a fight.  I was appointed to the case with the understanding it was a lost cause, but would be good experience for me.  At trial, I highlighted the shaky credibility of the State’s witnesses, and the jury returned a verdict of “not guilty.”

I have continued to put these principles into practice throughout my career.  I handle matters ranging from contract and real-estate disputes to defamation and products liability claims.  Whether for individuals, small businesses or large corporations, I guide my clients through the litigation process with full knowledge of the risks involved and an eye towards the most comprehensive resolution.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Email us

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected]

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com. 

The post Litigators vs. Trial Lawyers: Is there a Difference? Episode 15 appeared first on Lincoln Derr.

What does it take to be a trial lawyer? And how can young lawyers know if it’s the right choice for them? On this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of the civil litigation firm Lincoln Derr, talk with fellow Lincoln Derr attorneys Gwendolyn Lewis and Ashley Bartolucci about their journey to litigation, what they love about it and how they determined what firm would be right for them. This episode is a must for any young lawyer trying to determine where they want their legal career to go.

About Gwendolyn Lewis:

When presented with an opportunity, challenge, or high-stakes problem, there are an abounding number of options. Failure is not on my list.

Gwendolyn W. Lewis is a litigator successfully representing individuals, businesses, and organizations in a wide range of areas including civil litigation, employment litigation, and professional liability litigation at the trial and appellate levels in both North Carolina and U.S. Federal Courts.

Gwendolyn has experience successfully defending employers, individuals, and corporations in employment litigation and obtaining defense verdicts on behalf of physicians and hospitals in multi-million-dollar medical malpractice cases. She is a “real deal” tried and true courtroom lawyer. Just ask her!

Gwendolyn faces the world with one mantra: failure is not on the table. She proceeds through mediation, arbitration, and trial with the best interest of her clients at the forefront of her decision-making.

She has served on the North Carolina Bar Association’s Board of Governors and its Foundation Board of Directors. She promotes pro bono and public service in many of her community activities and leads the NCBA’s Labor and Employment Section Pro Bono Committee. She serves as a Board of Directors member for the Charlotte Center for Legal Advocacy promoting access to justice for North Carolina citizens. She has been recognized by Best Lawyers in America in Employment Law, Labor & Employment Litigation, and Healthcare Litigation, North Carolina Super Lawyer in Employment Law Defense and Rising Stars and has been elected to Business North Carolina magazine’s Legal Elite for Employment Law.

Hailing from Richmond, Virginia, Ms. Lewis earned her B.S. in Criminal Justice from North Carolina A&T State University and her J.D. from Elon University School of Law. She launched her career in Greensboro, North Carolina and later joined Lincoln Derr PLLC in Charlotte, North Carolina in April 2017.

About Ashley Bartolucci

Legal issues can be stressful. Ashley Bartolucci assigns high importance to easing the burdens and stresses of her clients so they can focus on their professions and families. Ashley anchors her litigation practice on general liability, medical malpractice, labor and employment, defense of law enforcement agencies, and data privacy and security.

Ashley defends corporations, health care providers, and long-term care companies in claims of professional negligence and general liability. She also defends clients before numerous licensing boards, including the North Carolina Board of Nursing and Medicine and the North Carolina State Bar.

Ashley represents companies in a wide variety of employment matters, including litigating employment claims before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and in federal court. In addition, she has expertise in defending employers against Title VII, ADEA, and ADA claims, breach of contract, and related tort claims. Ashley also assists her clients with various employment agreements such as separation agreements and developing employment policies and procedures.

Earlier in her career, Ashley was an Assistant State Attorney for the State of Florida, where she prosecuted more than 1,000 felony cases from pre-filing through resolution, including jury trials. She also evaluated crime scenes with law enforcement as a part of the vehicular homicide and DUI manslaughter squad to gather and preserve critical evidence. Ashley’s experience as a prosecutor provides her with the knowledge and skills to handle claims from pre-suit through jury trial, including conducting thorough investigations, detailed discovery, and comprehensive pre-trial motions. Her prosecutorial experience is particularly useful in her defense of law enforcement officers accused of misconduct.

Ashley earned a Juris Doctorate from Stetson University College of Law in St. Petersburg, Florida. She also holds a Master of Business Administration degree from Stetson University and a Bachelor of Science degree in Finance from the University of Florida.

Now, what’s your verdict? Leave us a review, and let us know what you think — what you like, what you want more of, what we could do better. We’ll be releasing more episodes soon, so be sure to subscribe for more!

Email us

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected]

Our Cover Art Background: “Brave Enough”

Artist: Sally Higgins

After many years of artistic pursuits of various kinds, Charlotte artist Sally Higgins turned to painting about 10 years ago. She works in oil, acrylic, encaustic and mixed media. Art provides Sally a welcome respite from her word-filled career as a trial lawyer.  See more of Sally’s art at sallyhigginsfineart.com and studioworksgallery.com. 

The post So You Want To Be A Trial Lawyer Episode 14 appeared first on Lincoln Derr.

These days, filing complaints against medical professionals to the North Carolina Medical Board is about as easy as leaving a Google review. The result: significantly more complaints. In 2022 alone, our office has received an average of one request every day to help medical professionals navigate these complaints. So, what should healthcare providers do if they fall on the receiving end of one? In this episode, Lincoln Derr attorney Scott Addison explains the complaint process in detail and outlines the critical steps you need to take in response. The big takeaway: Never ignore a complaint, even those that may seem benign or baseless. “Most physicians will have some malpractice coverage, and your policy will likely give you access to attorneys who can help you navigate the med board system,” Scott explains. “You’re already paying for that service. Take advantage of it.”

About Scott Addison

Scott has a track record of success representing national corporations, large regional hospital systems, physician practices, banks, and entrepreneurs as both plaintiffs and defendants. He practices at both the trial and appellate levels and has a growing mediation practice.

Scott is licensed to practice law in North and South Carolina, and he is a North Carolina Certified Superior Court Mediator. He received his undergraduate degree from Davidson College in 1998, where he was a member of the National Biological Honor Society and served as a Love of Learning Mentor to at-risk inner-city high school students. After graduating from Davidson, Scott worked in quality control for Presbyterian Hospital in Charlotte, as an Information Technology Planner for the Office of the State CIO for the State of South Carolina, and as a Server Administrator for a General Electric gas turbine plant. In 2006, Scott obtained his law degree, cum laude, from the University of South Carolina, where he was a member of the South Carolina Law Review.

About the North Carolina Medical Board 

Board composition: The board consists of 13 members – 11 appointed by the governor and two appointed by the general assembly upon the recommendations of the speaker and president pro tempore. Eight of the 13 are licensed physicians, one is a licensed physician assistant (PA), one is an approved nurse practitioner (NP), and three are members of the public with no financial or professional interest in a health service or profession. All board members serve three-year terms. State law limits members to serving two full, consecutive terms on the board.

Meeting schedule: The board meets bi-monthly and holds disciplinary hearings in non-meeting months, as needed. Meetings typically last 2.5 days and include committee meetings and interviews, as well as disciplinary and licensing activities. Though some board business, such as meetings to discuss investigative or complaint information, is confidential under law, board meetings are otherwise open to the public and media. Meeting schedules, agendas, and minutes are available from the board’s office or website.

Organizational structure: The board is supported by a full-time professional staff based in Raleigh. The board is a public organization that regulates medical professionals for the state. It operates outside of the state budget process, with 100% of its operating budget provided by license application and renewal fees.

More information on navigating board complaints

This article from Medical Economics offers a national look at how the complaint process, as well as tips for managing through it.

Leave us your thoughts and let us know what you think — we want to hear your stories.

Got an idea for a future episode? Feedback to share? We want to hear it all! Send us an email at [email protected].

We’ll be releasing more episodes soon, so be sure to subscribe for more!

The post Medical Board Complaints – A Guide for Healthcare Providers Episode 13 appeared first on Lincoln Derr.