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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
OBSERVATIONS ABOUT SETTLEMENT NEGOTIATION

OBSERVATIONS ABOUT SETTLEMENT NEGOTIATION

This Sunday’s New York Times discusses strategies regarding the Bush tax cuts which are set to expire at years end in an article by Robert H. Frank entitled: “In talks, G.O.P. May  have to just say yes.” He first references the book “Getting to yes,” by Robert Fisher and William Yuri where they discussed the concept of knowing the best alternative to a negotiated agreement or “BATNA” during negotiation. They argue that knowing your and your adversaries best alternative to a negotiated agreement is…

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THOUGHTS ON CROSS EXAMINATION

THOUGHTS ON CROSS EXAMINATION

For some years I have subscribed to the American Journal of Trial Advocacy. Subscriptions are available at $24 per year from the American Journal of trial advocacy, Cumberland school of Law of Samford University, 800 Lake Shore Dr. ROBH 301, Birmingham, AL 35229. This month Garry S Gilden this written an excellent article “cross examination at trial: strategies for the deposition” which I recommend to you. Some of the points he makes include the following. He sets out the basic format for…

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HARRY PHILO AND THE EVALUATION OF RISK

HARRY PHILO AND THE EVALUATION OF RISK

Harry Philo was a nationally known plaintiff’s lawyer and author of a number of legal publications including  the Lawyers Desk Reference. He practiced in Michigan for many years and died this year.  He wrote about hazards and the obligation to protect from injury. His analysis included the concepts of  risk which refers to the degree of exposure to a hazard. For example, the risk of one car a day crossing railroad tracks compared to 1000 cars a day. Hazard refers to the potential…

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