Concentrate on your case and don’t dignify every defense

David Ball has written excellent books about trial and his last book David Ball on Damages is particularly helpful. He has captured some basic truth’s about communication involving today’s jury panels. One of his principles is that a trial is what you spend time talking about. Juror’s assume that what you devote time to is important to the case. That means that while liability is obviously critical, the case should be about harm and damages. Dividing time between liability and damages is a significant part of the trial.

One must also have a simple story. Trial lawyers should not try to treat every defense with equal time and attention. In fact, some defenses should be ignored. Arguing about any defense makes the issue important. Disputes about issues created by the defendant leads to only one thing: confusion. Confusion leads to only one thing: A defense verdict. Given the subconscious existing attitudes about defensive attribution and thinking like a "super parent" giving undue attention to an issue raised by the defense plays directly into a defense verdict attitude.

One should focus on the main plaintiff theme, issue and story. The more you show concern about a defense issue, the more you fight and argue over it, the more you increase the odds of a defense verdict. Remember, your case is about a simple violation of a rules, unnecessary injury and harm resulting from it.

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