Daniel C. Cuppett, Esq.

Education:  B.A. – Philosophy (Summa Cum Laude) West Virginia University, 1996; J.D. (Order of the Coif – Graduated 5th in Law Class) West Virginia University, 1999.  Basic and Advanced Alternative Dispute Resolution Training – WV State Bar 2001.

Bar Admissions: Maryland, 1999; West Virginia, 2000; Federal District Courts, Northern and Southern Districts West Virginia, 2000; Fourth Circuit Court of Appeals, 2000; New York, 2006, Oregon, 2010; Federal District Court, Oregon, 2012

Memberships:  NOSSCR, American MENSA;

Practice Areas:  Car Accidents, All Personal Injuries, Social Security Disability, SSI, Toxic Torts, Mediation, Arbitration, Attorney Marketing Consulting

Publications:  So You’ve Been In an Accident.  Now What?:  A Practical Guide to Personal Injury Law, Silver Lake Publishing 2008.

      I was born in a small town in the mountains of Western Maryland in 1974.  As an undergraduate in college, I majored in philosophy, studying such diverse topics as ethics, formal and informal logic, metaphysics, philosophy of law, political philosophy, epistomology, and philosophy of language.  I earned the distinctions of being both a Purinton Scholar and an Eberly Scholar.  After receiving my undergraduate degree, graduating summa cum laude and receiving several awards in Philosophy, I immediately began law school.  In law school, I took an early interest in personal injury law and co-authored a law review article involving insurance bad faith law.  I received several awards in law school, including awards for receiving the highest grade in Torts II, Professional Responsibility (lawyer ethics), Property II,  and International and Comparative Law Seminar, was a member of the West Virginia Law Review and graduated 5th in my class leading to induction into the Order of the Coif.

    After law school, I practiced five years in northern West Virginia.  During that time I exclusively handled automobile accident and other personal injury, medical malpractice, and employment discrimination cases.  I also prepared basic Wills and Trusts.  In the fall of 2004 I moved with his wife to Montreal, Quebec where she completed her medical residency in 2007.  I began offering services as a consultant on personal injury law in northern New York and northern Vermont in 2004.  During this time I also wrote a book for non-lawyers on the topic of personal injury law.  It is meant not as a do-it-yourself guide, but rather a handbook for people who have attorneys representing them in personal injury matters and want to have a better understanding of the process.  The book was released in March 2008 and is titled:  So You’ve Been in an Accident, Now What?: A Practical Guide to Personal Injury Law was published.

    In January, 2006 I officially became an associate attorney with the Law Office of Mark Schneider and in 2007 moved from Montreal to Plattsburgh, NY.  In the Fall of 2009, I moved with his family from Plattsburgh to McMinnville, Oregon where I opened a personal injury and Social Security Disability practice.  I also remain “of counsel” to the Law Office of Mark Schneider.  This is a term used to describe an attorney who is a consultant to and works with a law firm in some capacity but is not an owner or employee of the firm.  In addition to handling cases for clients, I offer mediation and arbitration services as well as marketing and advertising consulting to attorneys and law firms.

Daniel C. Cuppett, Esq.

Law Office of Daniel Cuppett

117 NE 5TH ST.

PO BOX 419

McMinnville, OR 97128

503-583-2492

dan@McMinnvilleInjuryLawyer.com

www.McMinnvilleInjuryLawyer.com

Let’s face it, the lawyers almost always know and agree on the settlement value of a case.  They have factored in the medical bills, questions of liability, pain and suffering, and whatever else is involved.  Assuming one party doesn’t have an ace up his sleeve, experience dictates the settlement value.  The parties don’t go to mediation to has out the details they already know – they go to come to a number.  The problem is that the plaintiff often has unrealistic expectations of how high the settlement should be and the adjuster has unrealistic expectations about how little they can pay to make the case “go away.”  The lawyers, meanwhile, walk a thin line between telling their clients what they need to hear to make the case settle and making the client think that they are weak or trying to get them to take a low offer so they don’t have to try the case.

I see my job as “mediator” to be the one who helps the lawyers save face.  To come in as someone who doesn’t have a dog in the fight and tell the plaintiff and adjuster “like it is.”  I talk to the lawyers in advance to get a feel for the personalities of the plaintiff and the adjuster.  Then I tailor my pitch according to the manner that it should be presented – be it very gently, very matter-of-factly, or perhaps if possible in a way that makes everyone feel like they won.  My experience with helping hundreds of clients settle cases as well as my training as a philosopher have given me the ability to “sell” reasonable settlements to clients.

Unlike many mediators I strongly believe in beginning with a group session.  I think it is important that the one potentially writing the check get to see the plaintiff IN PERSON.  Many mediators have stopped doing this but I think that is a bad idea.  The times that I have been in mediations without opening with a group session have had a totally different dynamic and have always been more difficult to reach settlements.  I then meet with each side privately to hash out what the issues and expectations really are.  I always tell my clients before a mediation that they should not get emotional until the third round of negotiations, and that no party should ever walk out.  That does NOT send a message of strength and determination.  It sends a message of acting on one’s emotions rather than reason.  It always appears as a sign of weakness.  The parties should, therefore, not leave until the mediation is over.  Let’s not miss any opportunities because of stubbornness.

Give me an opportunity to help you settle.  If you aren’t satisfied, you only pay half and next time you can try to find someone who suits your style better.  No hard feelings.  But I bet you’ll want to hire me again.

Prior to your mediation, each party must sign a mediation agreement that will be emailed to the parties upon scheduling.  Each party will be billed for their own pre-mediation services and half of the mediation session.

Within 10 days of the mediation each party should submit a 1 to 5 page summary of what I need to know about their case, as well as copies of any evidence they wish me to look at.

Please prepare your clients for their sessions in advance.  Seriously, clients do not like when you prep on the day of the mediation.  It makes them wonder whether you really care about their case.  Also, make sure your clients are prepared to spend as much time as necessary to have a meaningful session.  These things take time – especially when they are successful.

Unless the parties agree in advance, the individuals with authority to settle must be present at the mediation – not by phone or video.

Pre “Mediation” work $150.00 per hour

“Mediation”  $200.00 per hour – beginning when I arrive at mediation until I leave

Post “Mediation” work $150.00 for reporting and clerical and $200.00 per hour for phone settlement sessions

There is NO charge for travel time or mileage to Portland or Salem, Oregon or anywhere in between

If you are not satisfied with my services, pay half my invoice and find someone else who suits your style – no hard feelings.  But I suspect you will want to use me again!