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Author: Paul Luvera

Luvera practiced plaintiff law 55 years. He is past President of the Inner Circle of Advocates & Washington State Trial Lawyers Association. Member ABOTA, American College of Trial Lawyers, International Academy, International Society of Barristers and the American Trial Lawyers Hall of Fame. Book Luvera on Advocacy available at Trial Guides Publishing Email paul@luvera.org
DEALING WITH CONTRIBUTORY NEGLIGENCE DEFENSES

DEALING WITH CONTRIBUTORY NEGLIGENCE DEFENSES

In many of our cases we are faced with a variety of contributory negligence allegations either as jury issues or implied. Learning to deal with these claims is an important part of representing plaintiff clients. The following is a primer of ideas about dealing with this issue.. The laws of the different states often vary regarding both evidence of contributory negligence and the effect of contributory negligence as a bar or reduction in the damages. It’s important to check the…

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COMMUNICATION PRINCIPLES FOR TRIAL LAWYERS

COMMUNICATION PRINCIPLES FOR TRIAL LAWYERS

Here are some basic principles for communication all trial lawyers should be aware of and practice. What are the “unspoken” questions. Well, the primary one is set out below, but throughout the trial issues come up that jurors don’t always write out in their questions when they are allowed to use questions. Think like a juror. Talk to your paralegals and others in attendance each day to see if they have questions not answered in the case. In major cases…

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VOIR DIRE IN EMPLOYEE SUIT vs CORPORATE EMPLOYER

VOIR DIRE IN EMPLOYEE SUIT vs CORPORATE EMPLOYER

The following is an example of a procedure I followed in preparing for jury selection in a trial. The first step was to determine the major and minor issues in the case. That includes both positive and negative issues. Those subjects, issues or facts which will either help or hurt the case in a significant way. They were usually determined through focus studies in which people identified what they liked or didn’t like about the case. It also involved a…

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