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Month: January 2012

GERRY SPENCE “WIN YOUR CASE”

GERRY SPENCE “WIN YOUR CASE”

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….

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PRINCIPLES OF DEBATE FOR TRIAL LAWYERS

PRINCIPLES OF DEBATE FOR TRIAL LAWYERS

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…

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ARGUING THE REASON FOR A VERDICT OF DAMAGES

ARGUING THE REASON FOR A VERDICT OF DAMAGES

The question of how to  argue the concept of damages is an important issue. The jury must understand the basis of a dollar verdict in addition to suggesting a dollar figure. Jurors tend to want to pay the bills and not provide any other money. We have to explain why that is not  doing justice. Here’s a brief idea of one way of approaching the problem, based in part on David Ball’s concepts: 1.  YOU EVALUATE HARM BY THREE FACTORS: (1)  HOW BAD IS IT?…

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