We are still in trial so I have limited time to share with you this week, but here is a simple outline I used during the trial for a treating doctor. I’ve omitted a lot of references to the hospital records and exhibits I used during the examination. I revised a portion of it to make it appropriate for sharing. Also, this is for a physician who first saw the plaintiff in the hospital. DIRECT EXAM OF TREATING DOCTOR WHY WITNESS (Note: The…
When analyzing what the demeanor of the plaintiff trial lawyer should be during trial, one should keep in mind how jurors and judges arrive at their viewpoints, opinions and verdicts. Research and functional magnetic resonance imaging has confirmed the majority of our decisional thought processing goes on at a subconscious level. Our impressions and decisions are not logical, but rather a process that occurs without our conscious involvement and at an unconscious level. However, these subconscious conclusions are always rationalized…
Two of my partners and I start a jury trial in Seattle a week from now. Originally set to start on Monday the trial judge decided the case wouldn’t fit the scheduled time and it was moved to another judge to start a week later. There is a train load of paper flowing in from defendants consisting of motions, briefs and documents. The defendants have been attempting to move the venue and/or continue the case and this onslaught of paper…