Dr. Asaf Posner, Adv.
Founder and Owner
| Year of Birth: | 1958 |
| Email: | [email protected] |
| Fields: | Civil litigation, tort and insurance law, medical malpractice |
| Position: | Founder and Owner |
| Additional Positions: | Lecturer at the Hebrew University in Medical Malpractice Law and Damages in personal injuries cases; Lecturer in advanced training of the Bar Association and at conferences. Within the framework of his office he also started a project of advanced training for external lawyers in medical malpractice and damages in personal injuries cases. |
| Public positions: | Lecturer on Medical Malpractice law and Damages in the Hebrew University. |
| Education: | Attorney Dr. Posner holds LL.B. with honors since 1983, and has a PhD in Law, since 2018, both from the Hebrew University (PhD in Medical Malpractice: Prenatal torts, also published as a book). Dr. Posner is considered one of Israel's leading experts on tort and medical malpractice issues. Over the years, Dr. Posner has been involved in a wide range of public activities. This activity includes membership in public committees, public activities and the voluntary representation of public bodies (pro bono) in cases of public importance. Due to his professionalism and expertise, Dr. Posner was 3 times an official candidate on the Judicial Appointments Committee, for the high office of Supreme Court Justice. |
| Languages: | Hebrew, English |
| Military Rank: | First Lieutenant (Res.) In the Military Advocate's General Office, and before that a tank commander |
| Activities for the Community: | In 2014, Dr. Asaf Posner received the Tel Aviv District Award from the Bar Association for his contribution to the legal system along with significant public activity; representation of the Bar Association and various pro bono associations, in various cases in the Supreme Court, including matters of trespassing on the profession (Livnat Poran ruling and Pitzuy Nimratz), wrongful birth (Hamer judgment), rights to damages in cases of insolvent persons who suffered bodily injuries (the case of BTB and Kogan), providing various explanations to underprivileged populations for the purpose of informed consent (on behalf of the Al Taj Association), on the issue of capitalization of claims (on behalf of the Association Ofek back to life); Membership in public committees (on civil procedure, personal injury fees, medical liability, wrongful birth), assistance in legislative proceedings (such as assistance in mass civil events, representation of the Bar Association regarding the statute of limitations in the Knesset, assistance regarding the Equality of Persons with Disabilities Law (the insurance chapter)) and more. |
| Past Positions: | Lecturer in Property Law (for 11 years) at the Hebrew University; Lecturer in Medical Malpractice Law at the Bar Ilan University; Member of the State Committee chaired by Justice Dr. Gabriel Kling on the issue of medical liability; Member of the Public Committee on the issue of wrongful birth chaired by the Justice Eliyahu Matza; Member for 7 years in the Advisory Committee to the Minister of Justice on Civil Procedure, headed by Justice Dr. Eliyahu Winograd; Representative of the Bar Association in the Committee on Civil Procedure Reform, chaired by Justice Amit; Member of the Committee on behalf of the Ministry of Justice on the issue of court fees in personal injury claims, chaired by Justice Bilha Kahana; Lecturer at The Center for Judicial Education and Training. During the Corona lockdowns, Dr. Posner even posted short lessons (classified as "daily halakhah") on YouTube on issues of principle in medical malpractice and tort law for the benefit of the community of tort lawyers. |
What recent key move did you lead?
A significant move we are leading today concerns the determination of life expectancy for bodily injuries. This struggle is threefold: a struggle concerning dynamic life expectancy (including future improvements), and while disengaging from static life expectancy provided by the Central Bureau of Statistics (ignoring mortality improvements); a struggle concerning the life expectancy of victims from "preferred" populations (such as non-smokers); and a struggle to get the mortality tables of insurance companies, which charge premiums in various types of insurance that are determined by a long life expectancy, but when they come to compensate, claim a lower life expectancy. Another significant move concerned the question of capitalization of compensation, in which we appeared in the Supreme Court and in a committee on behalf of the state. We also believe that this struggle is not over yet.
What are the firm's strongest attributes?
There are six significant strengths of the company: providing a specific and tailored answer to each damage, each event, each client and not by way of a single solution across the board; Thinking "outside the box" and trying again to find solutions even when seemingly facing a dead end; A combination of practical thought, with theory (including that developed by academia) with the motto that "there is nothing more practical than good theory"; Leading complicated moves, while looking at ongoing processes; Giving significant weight to compensation adjudication law, a neglected issue in both academia and practice, even though it is an issue that can turn a small or medium case into a very significant case.
Which of the firm's recent key moves will lead to it becoming stronger over the next few years?
The main moves concern the focus on cases of broad significance, public significance and large cases. These cases allow for differentiation of the firm and justify major investment in each case.
What are the main challenges facing the firm in the next few years?
The company's challenge is to continue to grow consistently while maintaining the uniqueness of the firm and combining practice and academia. The office strives to lead the profession in the field of torts, medical malpractice and compensation/damages law while raising innovative claims that are subsequently beneficial to all victims.
What would you recommend an up and coming executive?
A beginning manager needs to think about what he wants to concentrate on and try and look at the long term. It is not advisable to take a position that "we know everything" and can give advice and service on any issue. It should also to be remembered that further updating in literature and case law (and sometimes overseas) and participation in advanced training are extremely important, even if at the immediate point in time they are not predicted to bring revenues. Those who do not advance, are simply left behind.
What should one remember during hardships?
It is important to remember that a legal career is not examined at one point but in the process; During the process there may be highs and lows, and the main thing is to keep the right direction and get the best out of even not simple events.