RESPONSE TO EVASIVE ANSWER

RESPONSE TO EVASIVE ANSWER

Dr. Ken Broda-Bahm writes a blog Your Trial Message which is directed to the defense bar. However, his insights are often accurate and helpful to understand. His focus recently has been on the concept of using the “Reptile” approach by plaintiff lawyers. In his April 9th post recently, he wrote: “The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s…

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MY POLICY ABOUT CONFIDENTIALITY CLAUSES IN SETTLEMENTS

MY POLICY ABOUT CONFIDENTIALITY CLAUSES IN SETTLEMENTS

It was my policy over my 50 years of representing plaintiffs to refuse to agree to any form of confidentiality as an imposed requirement of settlement  by a  defendant. My policy was that clients were free to keep the information personally confidential and from media or public disclosure if they wanted to do so, but the defendant could not require it as a condition of settlement. In addition, my policy for accepting a case for a client was that I…

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THE HAMBURGER PRICE WAR & THE IMPORTANCE OF FRAMING TRIAL ISSUES

THE HAMBURGER PRICE WAR & THE IMPORTANCE OF FRAMING TRIAL ISSUES

A price war between McDonald’s and A & W fast food restaurants has a lesson for trial lawyers about the importance of describing trial issues or “framing.”  A&W was the first-ever chain restaurant  in America. By the 1970s, A&W  had more locations open than McDonald’s. It was  founded in 1919 in Kentucky and is the oldest chain restaurant in America In 1948 Maurice and Richard McDonald opened the first self-serve McDonald’s in San Bernardino, California. Six years later Ray Kroc, a…

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