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Month: December 2011

BREVITY IS THE SOUL OF WIT FOR TRIAL LAWYERS

BREVITY IS THE SOUL OF WIT FOR TRIAL LAWYERS

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“Brevity is the soul of wit”                      Shakespeare Hamlet Long before Shakespeare the importance of brevity in communication had been noted. Horace in 65 BC wrote “Unless you are brief, our complete plan of thought will seldom be grasped. Before you reach the conclusion, the reader or listener has forgotten the beginning and the middle.”  In spite of the wisdom of history, walk into any courtroom and listen to the typical lawyer asking questions of a witness or arguing to a…

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A TRIAL IS A MORALIITY PLAY

A TRIAL IS A MORALIITY PLAY

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I read a recent article about the importance of “morality” in the trial story. What is really involved is finding the underlying issue which connects with the jurors universal ideas of right values.  It is also connected to the idea of “reptile” i.e. those basic instincts which we possess regarding survival. Here are the items the article listed regarding morality. Are You Protecting Us? We’ve evolved with “attachment systems” that include an ability to feel and dislike pain, and insecurity in…

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A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

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Here are a couple of thoughts about trial tactics: FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. “Availability bias” jurors will begin filling in the blanks, asking themselves questions, and focus upon the behavior of the FIRST party discussed. They will construct their understanding of the case in the context of the defendant’s behavior and not focus on what the plaintiff did or should have done. “Defensive attribution” If the facts are inconsistent…

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