Go to navigation Go to content
Toll-Free: 888-409-3805
Phone: 941-952-1682
Free Consultation! 888-409-3805

Call or E-mail us Today!

Fill out our contact form below and we'll get back to you within 24 hours.

October 2012 Mallard Law Firm Newsletter

Click here for our October 2012 Newsletter

Free Reports:

What You Need to Know After a Florida Auto, Truck or Bike Accident


Practice Areas:


Our Office:

Mallard Law Firm 3431 Magic Oak Lane Sarasota, FL 34232 Phone: 941-952-1682 Fax: 941-378-1605 Toll Free: 888-409-3805 Click to see Map



Recently the Mallard Law Firm tried a case in Sarasota, Florida. The good news is– we won the case. The bad news is– due to juror misconduct we will probably have to try the case again. Why is that? Simply put, several of the jurors disregarded the courts instructions. Thus we wanted to put out an article on this issue so that everybody who reads this can understand the way the Mallard Law Firm operates and the way that the legal system works.
First let me tell you all–
I’ll explain why I have emphasized this fact below.
Every lawsuit we file is covered by insurance. One of the instances of jury misconduct in our case was the jury speculating that since our case was so good that there had been a settlement with the defendants’ insurance company and that we were simply pursuing the defendant personally for further damages. In addition, the jurors disregarded several of the courts jury instructions. For example, they discussed the witnesses and their credibility before deliberation in violation of court rules, speculated about future medical advancements when there was no evidence of them, speculated about our clients’ ability to get health insurance in the future, and in the case of one juror refused to follow the legal burden of proof standard of “preponderance of the evidence” despite being ordered by the court to do so.
Unfortunately, due to this juror misconduct, the successful verdict we obtained for our client will likely be thrown out and we will have to try the case again.
Remember; if you are ever on jury duty please follow the instructions that the court gives you, do not speculate about facts outside of the evidence and know this, AT MALLARD LAW FIRM, EVERY LAWSUIT WE FILE INVOLVES A DEFENDANT WHO HAS INSURANCE TO COVER THE CASE.

Mallard Law firm is a referral based law firm. The majority of our clients are referred by other attorneys, other business people and former clients. We take great pride in this fact because it shows that we get results. That is why your personal injury referrals are so important to us. Rest assured that should you refer any type of personal injury case to Mallard Law Firm it will be handled with professionalism, excellence and personal attention. One of our attorneys is assigned to directly oversee each case referred to us and to be available to discuss the case with you or the client as needed. We are trials attorneys who have the experience, training, financial strength and fortitude to try cases where settlements cannot be accomplished for whatever reason.
We also pay referral fees on every case referred to us. [1]
All you have to is make the call and/or the introduction to the client. At any time during the handling of the case, we will be happy to update you on the case progress and/or expected time of resolution, be it through settlement or trial. Should you have any clients, family, or friends who need a personal injury attorney, we hope you will consider honoring us with the opportunity to represent them in their auto accident, slip and fall, child abuse, construction injury, nursing home neglect, medical malpractice, product liability or any other type of injury claim.
[1] We pay referral fees of 25%, the fullest extent permitted by Florida Bar without involvement in the case from the referring attorney other than making the introduction.

October 2012 www.MallardLawFirm.com Page 1

By now, most of us have heard of the movie “Fight Club”. If you haven’t, it’s basically a book/movie about a guy who is stuck in a rut and in his insomnia creates an alter ego. The alter ego creates a club for people who are unhappy with their lives. “Fight Club” is designed for people who keep their frustrations bottled up inside. They are able to express themselves by fighting each other. Essentially, “Fight Club” serves as therapy.
Well a few ladies in Delaware took this story too far. These women worked at a daycare and encouraged toddlers attending the daycare to fight. A video was found, showing the employees watching and encouraging two 3–year–olds to fight. Police say one child can be heard crying as one of the daycare workers screams “no pinching; only punching”.
The alleged fighting took place at the Hands of Our Future Daycare in March 2012. The daycare has had its business license suspended pending a hearing and the three women were arrested and charged with Assault, Endangering the Welfare of a Child, Reckless Endangering and Conspiracy for the incident. The women were released after posting a $10,000 secured bond.
It saddens us to think that this is the world we live in. For most working parents, sending their child(ren) off to daycare is a necessary evil. Putting their lives in the hands of daycare workers for many hours a day and expecting them to be treated well.

October 2012 www.MallardLawFirm.com Page 2

Attorney Damian Mallard of the Mallard Law Firm recently received the prestigious award of AV Preeminent from Martindale Hubbell. The AV Peer Review Rating identifies lawyers with the highest rating legal ability and ethical standards. It is a reflection of Mr. Mallard’s expertise, experience, integrity, and overall professional excellence. Mr. Mallard is now part of a select group of the Greater Sarasota and Manatee county lawyers recognized for their legal abilities and professional ethical standards.
Additionally, for the third year in a row, Attorney Damian Mallard has been recognized as one of the Top 100 Trial Lawyers in Florida. This association is composed of only the most qualified trial lawyers in each state. Membership is by invitation only. Attorneys wishing to gain membership into the Top 100 Trial Lawyers in Florida Association must demonstrate superior qualifications, trial results, leadership, influence, reputation, and stature.
Congratulations Damian!

For constantly updated free information visit our three websites.


   Follow Us on LinkedIn: LinkedIn.com/MallardLawFirm


   Follow Us on Twitter: Twitter.com/MallardLawFirm


   Like us on Facebook: Facebook.com/MallardLawFirm



ctober 2012 www.MallardLawFirm.com Page 3

3431 Magic Oak Lane Sarasota, FL 34232 Phone: 941-952-1682 Fax: 941-378-1605 Toll Free: 888-409-3805

Mallard Law Firm prides itself on providing the highest level of legal services to our clients. At Mallard Law Firm, clients can expect professional, courteous and personal services from our attorneys and staff. We personally handle each case. We look forward to working with you!

October 2012 www.MallardLawFirm.com Page 5




Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney