“ When I think of a lawyer with the utmost integrity, extensive experience in the court- room, and unparalleled knowledge of the law, I think of Bill Rogers. And along with those attributes, Bill is a true pleasure to work with. Rarely do we start or end a con- ference call talking about a case. Rather, we hear something pertinent to the issues of the day, which Bill always has witty in- sights on. Bill has handled a number of cases for us to a successful conclusion, and always gains the respect and ap- preciation from opposing counsel. He is a true gentleman. While Bill was trying a case for our company recently, I told him how much we appreciated his long hours both in and out of the courtroom during the trial. Bill replied, ‘Chris, this is what I love to do.’ And it shows!”
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If you are representing the defen- dant, the goal is often to “keep the ball within the ballpark,” to limit the plaintiff’s side to a single or double instead of a homerun.
In that case, a dentist filed a suit to collect unpaid bills from a patient. The patient filed a counterclaim for malpractice. It wasn’t the biggest case, and few of the more senior lawyers in Rogers’ firm wanted to try it. Rogers, though, was eager for the experience and volunteered to take on the case. This was 1978, so the dollar amounts weren’t great by today’s standards. The dentist’s claim against the patient for unpaid bills? It only came to $700. The jury eventually awarded the dentist $587 for the unpaid bills. More importantly, the jury found Rogers’ client not guilty on the counterclaim, meaning that the dentist won the case as both a plaintiff and defendant. Rogers also holds fond memories of what he calls his first big case in 1984. This was a seven-week trial involving a birth injury. Rogers’ client offered a settlement of $4 million. The plaintiff did not accept. After the case, the jury awarded the plaintiff a verdict of $3.6 million, $400,000 less than the original settlement. “Some might say that we lost that case,” Rogers said. “But we earned a verdict that was less than the original offer and one that was significantly less than it could have been. That case was my first big verdict.” Another big case came in 2000. In this case, Rogers’ client, a doctor, performed a laminectomy, a surgical procedure to remove the bony arch that protects the spinal cord. The surgery, though, left the patient paraplegic.
Christopher B. Harmon, Senior Vice President and General Counsel, Altec, Inc.
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Over the years, I have had the privilege of presiding over many complicated, emo- tional cases involving incredibly gifted trial lawyers. I can say, without hesitation, Bill Rogers is one of the best I have seen on trial. He was prepared, effective, and pro- fessional. He is the definition of civility. Bill’s preparation, as demonstrated by his command of the facts and the applicable law, was readily apparent to everyone in the courtroom. He synthesized complicat- ed medical issues and equally challenging jury instructions in a manner that was well received by the jurors. Bill Rogers is an amazing attorney and, more importantly, a leader in our profession. Thank you Bill for all that you have done, and continue to do, to enhance our profession. ”
Rogers said that his client was mystified by this result. The doctor consulted other spe- cialists. He wrote about the case in a medical journal, all in an effort to solicit answers from the medical community as to what might have hap- pened. In the article, Rogers’ client emphasized again that he did not know why the sur- gery was not effective. “He didn’t know why it hap- pened,” Rogers said. “At trial, we had to go with that. He had written an article saying that he didn’t know what happened. Our defense was that he did everything right, but didn’t know why this had happened.”
Hon. Edward S. Harmening (Ret), Senior Mediator and Arbitrator, ADR Systems of America LLC
Rogers Family – Jackson Hole, Wyoming, January, 1999. Top row: Bill Rogers, Kevin (son), Colin (son); Bottom row: Mary (wife), Brian (son).
74 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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