FROM: The Wyoming Lawyer, June 2013, Vol. 36, No. 3 View article as pdf A few years back, I attended a CLE in Jackson where Gerry Spence was the keynote speaker. Mr. Spence addressed a room of a hundred lawyers or so, mostly from Wyoming, but also Wyoming bar members from Idaho, Utah and Colorado. At the time I … Read More

On May 23, 2013, Beard St. Clair Gaffney attorney, John Avondet, received a favorable decision in an appeal involving a medical malpractice case. Mr. Avondet represented a radiologist in defending a lawsuit alleging medical malpractice. After obtaining a dismissal of the case before the district court in Bonneville County, Idaho, the Idaho Supreme Court heard oral argument in the appeal … Read More

Screaming, stomping of feet, emphatic clapping of hands, jumping in the air, waiving of arms, reddening of faces, and scissor-kicking of legs. These are not the recently observed behaviors of a toddler throwing a temper tantrum as one might think. Over the past month I have watched numerous coaches exhibit all of those behaviors at the college and high school … Read More

The “Graveyard of the Pacific” is what you get when a river spanning 1,243 miles empties into an ocean which covers an area of 60-70 million square miles. These tumultuous waters, located where the Columbia River meets the Pacific Ocean, are known as the Columbia River Bar. Since 1792 approximately 2,000 ships have met their demise in the “Graveyard of … Read More

There is something noble and virtuous about the handshake. Despite all its righteous might and morality, the handshake is a business person’s worst nightmare. Handshake deals are a litigator’s dream. Too many sound business professionals live by the practice of consummating deals with nothing more than a handshake. While many contracts do not have to be in writing to be … Read More

When they are not in the backyard competing in potato sack races a la the Brady Bunch, my three kids fight with each other. When a dispute arises there are various methods by which the disputes get worked out. Kid 1 tends to get her way more than Kid 2 and Kid 3. Notwithstanding, Kid 1 would swear an oath … Read More

As far as family traditions go, I imagine “crowd avoidance” is not at the top of most people’s list. In my family “crowd avoidance” is about as American as apple pie. Growing up, almost every Fourth of July was spent camping at Lake Jubilee in the Blue Mountains of Oregon. With only 52 total campsites, our objective of “crowd avoidance” … Read More

Jonny Marray was trying to become the first British man to win a Wimbledon doubles title since 1936. He and his partner were unseeded and the most they had previously won at a competition was $800. Yet, there they were in the 2012 Wimbledon men’s doubles finals. They were tied at one set apiece and in a tiebreaker for the … Read More

Last Friday, my client sat next to me, hyperventilating. The jury had returned with its verdict and the judge’s clerk was reading it. A three-year process had just culminated with a jury trial . . . His palms are sweaty, knees weak, arms are heavy There’s vomit on his sweater already, mom’s spaghetti He’s nervous, but on the surface he … Read More