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Month: February 2015

RULES FOR PLAINTIFF TRIAL LAWYERS

RULES FOR PLAINTIFF TRIAL LAWYERS

Today I want to share some random rules of  plaintiff trial work that are not all connected, but, for me at least, have meaning.  They include some of these  ideas: Gerry Spence once shared with me the phrase “watchful waiting.” By that he meant the idea of calmly listening to another argue or make personal attacks on you and waiting patiently without interrupting before responding. And, when responding, doing so in a measured calm manner. Ernest Hemingway wrote the classic:  Death…

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THE WISDOM OF SHAKESPEARE FOR US PLAINTIFF LAWYERS

THE WISDOM OF SHAKESPEARE FOR US PLAINTIFF LAWYERS

As I read Shakespeare I continually see his wisdom applying to me. This week let me cite some examples  to see what you think HE JESTS AT SCARS WHO NEVER FELT A WOUND How true this is. We see in life example after example of this truth. A strong advocate of tort reform and caps has a disabling injury and now complains bitterly about the unfairness of their personal situation. The young person who has yet to experience any pain…

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THE IMPACT OF GRAPHIC PHOTOS & EXHIBITS ON JURORS

THE IMPACT OF GRAPHIC PHOTOS & EXHIBITS ON JURORS

Dr. Bryan Edelman published an article in The Jury Expert: http://www.thejuryexpert.com/ titled “The impact of graphic injury photographs on liability verdicts and non-economic damage awards.” The issue of photographs and other exhibits often comes up when a defendant objects that the exhibits are” inflammatory and prejudicial.” FRE 403 says: “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of…

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