Browsed by
Month: March 2015

ARGUING DAMAGES – SOME CONCEPTS TO CONSIDER

ARGUING DAMAGES – SOME CONCEPTS TO CONSIDER

The objective of a personal injury lawsuit for damages is  primarily the damages. Yet, in my experience, this often is the most difficult part of summation for attorneys. How do you ask for the money I am often asked? We know that there is not one answer to this question and that it all depends upon the advocate as well as the facts of the case. Here is a simple outline of a general approach, but the important fact is the credibility of…

Read More Read More

RALPH WALDO EMERSON & TRIAL LAWYERS

RALPH WALDO EMERSON & TRIAL LAWYERS

I realize that my most recent posts have departed from my usual offering of practical advice regarding plaintiff trial practice. This post is equally lacking in practical application to trial, but I think worth considering. I’ve been thinking about what are the fundamental qualities of a great trial lawyer and it seems to me that it always starts with who we are, what we believe and what we think. Everything else are learned attributes or techniques. The most important thing…

Read More Read More

APOLOGY & ADMISSION OF LIABILITY

APOLOGY & ADMISSION OF LIABILITY

Insurance companies advise their insureds  in malpractice situations to apologize to the injured person. That’s because their research indicates that a prompt concession of fault with an apology motivates the injured person to either not assert a claim at all or to be willing to compromise more quickly and easily. They have enough confidence in this idea to lobby legislators to adopt statutes that prohibit the introduction into evidence that apology or admission of fault has been made in such cases….

Read More Read More