Mark J. Klecan | Albuquerque Personal Injury Lawyer

• Member | New Mexico State Bar Association

• Super Lawyer Super Lawyers
  2019 - 2022
• AV Preeminent Martindale-Hubbell
  2022
• American College of Trial Lawyers
  2007

I was retained twice in recent years to take over the defense of a company called Fisher Sand & Gravel in high dollar exposure cases. The first such case was a Wrongful Death action in which I took over the defense within 1 month of the trial date. Offers of $1 M and later a high-low offer guaranteeing payment of $ 1 M and capping the award at $ 3 M were rejected by the plaintiff's attorneys. The jury award against Fisher Sand & Gravel was in the amount of $250,000.00. The second case was a personal injury action brought by a nationally-ranked tri-athlete who sustained serious injuries while on a bike training run. This jury trial resulted in a defense verdict.

I built a successful practice primarily by being willing to go to trial rather than constantly settling cases. My view of success on the defense side of personal injury/wrongful death litigation required that the jury verdict come in at or below the last settlement offer made by the defense to the plaintiff, regardless of whether or not the verdict was lower than the plaintiff's final demand. Conversely, on the plaintiff's side, success at trial required that the jury verdict come in at or above the plaintiff's last demand, regardless of whether or not the verdict exceeded the defendant's final pre-trial offer. Finally, the success of my practice can be attributed to the practice of providing legal representation in a cost-effective manner.

In the area of personal injury/wrongful death litigation, clients should look for a lawyer who is not afraid to go to trial. Far too many lawyers are afraid to go to trial and as a result settle cases at a monetary level that is not favorable to the client. Secondly, clients should look for a lawyer who is not out to maximize the fee but rather provides legal representation in a cost-effective manner.

Local knowledge is vital in these areas: (1) In jury selection, knowing the prevailing sentiment in the community and being able to clearly interpret the information provided by prospective jurors in jury questionnaires; (2) In deciding whether or not to exercise the right to disqualify the first assigned judge, knowing the attitudes and rulings of the local judges; (3) At trial, being able to correctly pronounce the names of witnesses, locations and other names that come up in the testimony. In New Mexico, this factor primarily involves the ability to correctly pronounce Hispanic names of people and places;

In the area of personal injury/wrongful death litigation, I attempt first to determine whether or not the caller has a legitimate and legally recognizable claim or defense. Instead of providing honest advice along these lines to the caller, many lawyers simply claim to have a conflict which precludes the lawyer's participation, even though no such conflict actually exists. If the claim appears to have merit, I then provide an outline of how I would expect the matter to play out so that the caller has a realistic picture of the future developments. I then attempt to honestly answer all of the caller's questions. Finally, if the legal matter is outside my area of expertise, I refer the caller to the best lawyer who handles that type of legal matter.

I need for the caller to identify all potential parties, insurers and witnesses so that I can run a conflicts check. I need to determine whether or not the caller is in possession of all of the documents and exhibits which may be needed. I need for the caller to identify the date of the triggering event to determine whether or not the statute of limitations has expired and if not, when the statute of limitations will expire. Finally, I need to determine whether or not the caller has previously contacted other attorneys.

(1) Willingness to go to trial rather than settling every case; (2) Being courteous to opposing counsel , opposing parties, witnesses and court personnel rather than being a Rambo litigator; (3) Providing cost-effective legal representation rather than seeking to maximize the attorney fees; (4) Experience in having tried more jury trials than most other attorneys in New Mexico; (5) Being willing to go to trial without retaining expert witnesses to rebut the testimony of every expert retained by the opposing party, but rather relying on cross-examination skill and common sense from jurors to deal with the opposing party's reliance on expert testimony.

Trial practice, like athletic competition, provides the thrill of victory and the agony of defeat. I find this more rewarding than conducting an office practice. I also enjoy meeting and interacting with clients, other attorneys, witnesses and court personnel. Every case also provides the opportunity to learn something new. This learning can involve medical issues, injury causation, product safety, developing legal issues and a host of other information. Finally, as an arm-chair psychologist, I enjoy observing how different people react to the event which led to the lawsuit, as well as how different people react to the litigation process.

I collect vintage used books and am an avid reader primarily of works of fiction. My wife and I breed and raise a breed of dogs known as Bouvier des Flandres - a Belgian herding and farm dog. This activity has led to an interest in Animal Law and a recognition of the difference between "animal rights" and "animal welfare." Last but certainly not least, I enjoy interacting with our two grown-up daughters and two teenage grandsons. all of whom live in the Pacific Northwest.

While I follow local and national politics very closely, I am essentially apolitical. I have volunteered time in dealing with victims of sexual abuse and am a member of a local church community. My contribution to community involvement often involves handling legal matters on a pro bono basis for local community organizations.