One of the better books Gerry Spence has written was his book Win Your Case. His advise is on target. here are a few points he makes in the book. Avoid sarcasm, scorn, and ridicule. Use humor cautiously. Hold back insult. No one admires the cynic, the scoffer, the mocker, the small, and the petty. Giving respect to one’s opponent elevates us. Those who insult and slight do so from low places. Remember: Respect is reciprocal….
Todd Graham the director of debate at Southern Illinois University. He wrote an analysis in a special to CNN of the Florida Republican debate which I thought had some ideas about debate that might be useful in lawyer’s presentations. He said what he teaches, as the technique for debate is argue, attack, respond and presence. By argue, he means you need to state your case. Make your argument in support of your position. Attack refers to the need to point out the weakness…
COST vs RISK ANALYSIS 1. Analyzing What is Reasonable (1) SHOULD CONSIDER: (a) LIKELIHOOD OF INJURY HAPPENING (b) SERIOUSNESS OF HARM IF IT DOES HAPPEN 2. Cost vs Benefit Analysis (1) SHOULD CONSIDER: (a) COST OF INFORMING (b) DIFFICULTY AND TIME TO WARN (c) THE BENEFIT FROM GIVING THE WARNING (d) WHETHER METHOD OF INFORMING INVOLVES ACCEPTED PROCEDURE IN INDUSTRY (e) WHAT HARM CAUSED BY GIVING WARNING a. THE LIKELIHOOD OF THE HARM b. THE SERIOUSNESS OF THE HARM COMPARED…