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Month: July 2017

MARK D. SWENDSEN, SR & THE SECRETS OF SELLING DONALD TRUMP

MARK D. SWENDSEN, SR & THE SECRETS OF SELLING DONALD TRUMP

My friend Mark D. Swendsen, Sr. and I share ideas about communication, including those dealing with politics. Mark has been a California attorney for four decades and a former hostage negotiator. He has published books and lectured on the law, including a lecture to the Inner Circle of Advocates, a national trial lawyer’s organization, His training and experience includes Neuro Linguistic Programing as well as psychological insights. His book Target the Unconscious! The Modern Psychology of Rhetoric for the Plaintiff’s Lawyer is…

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THE MAGIC OF WRITING ON PAPER, RE-FRAMING OBJECTIONS & JOINING THE JURY TRIBE

THE MAGIC OF WRITING ON PAPER, RE-FRAMING OBJECTIONS & JOINING THE JURY TRIBE

Today I am reviewing a collection of trial materials that I have collected over the years and which I began by storing in indexed notebooks long before the start of the digital age. Here are three examples. WRITING ON PAPER When I first began the practice of law court rooms were virtually devoid of any visual aids, no paper and not even a blackboard. In fact, a blackboard was considered a unique device to use in a trial and one…

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BETRAYAL, NOT MISTAKE, IS THE ESSENTIAL MESSAGE FOR WINNING NEGLIGENCE CASES

BETRAYAL, NOT MISTAKE, IS THE ESSENTIAL MESSAGE FOR WINNING NEGLIGENCE CASES

I have written frequently about the importance of a message of betrayal in negligence cases, especially medical malpractice. But, I continually see lawyers presenting their cases as a mistake. They present a case involving an error, a mistake or a negligent act and then expect the jury to follow the law. But, jurors are driven by their value systems irrespective of the jury instructions. When a case of negligence is tried to a jury of conservative people, too often the…

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