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Month: March 2010

Trial lessons from clarence darrow

Trial lessons from clarence darrow

I read an interesting article: Who is the Lawyer of the Century by Gerald F. Uelmen, Professor of Law, Santa Clara Univesity  http://llr.lls.edu/volumes/v33-issue2/uelman.pdf The author discusses a number of lawyers who might qualify including Gerry Spence. When Spence was asked who he would select, the author says:    "While Spence does not believe in reincarnation,he certainly believes in heroes, and Darrow is his rolemodel. He points to Darrow’s passion for justice for the underdog and championing the causes of the common…

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Communication rule for voir dire

Communication rule for voir dire

I thought I would share a series of brief basic thoughts about communication generally. I am going to start with a note about jury selection fundamentals and communication: In voir dire follow the practice of not allowing yourself to say anything at the end of a juror’s response until you have taken a full breath in and out. You will find that this will result in correct timing and will actually move things more quickly in the long run. The…

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Secrecy in settlement negotiations

Secrecy in settlement negotiations

A trial lawyer friend wrote me about my policy of not agreeing to secrecy or confidentiality as a condition of settlement when demanded by the insurance company or defendant. He pointed out a recent ethics opinion in some state that held it unethical to have such a policy in the client fee agreement. I thought I’d share my response with you. I’ve seen opinions like that, but I believe, short of discrimination, I can decide who to represent and under…

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