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Month: July 2020

TWO BOOKS WITH GOOD ADVICE ON COMMUNICATION & PERSUASION

TWO BOOKS WITH GOOD ADVICE ON COMMUNICATION & PERSUASION

. I recently read two books on persuasion and communication. Thank You for Arguing by Jay Heinrichs and Lawyers, Judges and Semi Rational Beasts by Daniel Holloway. They both had excellent advice for trial lawyers. Here is a summary of ideas from both books As we all know, an essential part of persuasion is showing you share your audience’s values. We divide the world into US and THEM, and reserve good feeling and thinking for the former. We are tribal…

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        HOW TO WRITE A MEDIATION SETLEMENT LETTER

        HOW TO WRITE A MEDIATION SETLEMENT LETTER

. . .       . “The supreme art of war is to subdue the enemy without fighting.” Sun Tzu, The Art of War For some time, most settlements have taken place through a mediation process rather than direct negotiation with the insurance company. However, settlement negotiations usually involve a letter sent to the insurance company, defense counsel or to a mediator. These settlement letters are the basis for outlining the case and the plaintiff’s position regarding settlement. While there are a…

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 AN OPENING STATEMENT OUTLINE IN A CASE WITH A COMPARATIVE NEGLIGENCE ISSUE

 AN OPENING STATEMENT OUTLINE IN A CASE WITH A COMPARATIVE NEGLIGENCE ISSUE

      “The most powerful person in the world is the storyteller. The storyteller sets the vision, values and agenda of an entire generation that is to come.” – Steve Jobs . We have cases where the facts or circumstances involve an issue of contributory negligence. In some cases there has been a judicial finding of our client’s negligence or it might involve a tactical decision of ours to concede some percentage of fault on the part of our client or…

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