I’ve published a basic outline for argument before, but, as to damages, how do we evaluate what is full money justice in such cases? It can only be done by balancing the extent of the harm done against a dollar amount which equals that harm. The verdict should be a perfectly balanced scale with money on one side and the harm on the other. When the scale between these two essential parts of a tort trial is perfectly balanced there…
The Sunday New York Times published an interview with David Rock by reporter Adam Bryant. Rock is the director of the Neuroleadership Institute. http://www.neuroleadership.org/index.shtml Rock has developed an acronym SCARF to better explain people’s behavior. It stands for: status, certainty, autonomy, relatedness and fairness. Rock says that it is a summary of what motivates us, the things we feel passionately about and that are driving behavior. He says that the brain divides everything into one of two categories: threat or…
There is so much information available to us about improving our skills as trial lawyers. Hundreds of lectures, videos, books and articles can be accessed. Our challenge is to keep learning and never assume we have reached a point where we can just do what we have always done. The courage to take risks to try new ideas, or at least ideas that are new to us, and the curiosity to continue to search for improvement are needed if we…