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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
Voir dire regarding preponderance of the evidence

Voir dire regarding preponderance of the evidence

We all know that it is very important the juryunderstand that the standard of proof for our case is simply more probably truethen not true. It is not that of a criminal case. We must start educating them about this in voir dire and continue the process throughout the trial. In opening statement you cover the point. On direct examination, you remind the witness (for the jury’s benefit) thestandard is more probably true then not true. In cross,you do the…

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Steps in preparing for cross examination

Steps in preparing for cross examination

Someone commented that for the inexperienced cross examination is a real challenge. Let me suggest one way to prepare for cross examination. This is not a description of how to organize the material you create because I’ve written about that previously. /bcCreatePost.aspx?id=2101419 This is a simple way to think about getting ready for cross examination. These concepts apply generally to any cross examination but to keep it simple, let’s take the example of a doctor hired by the insurance company…

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Deciding the claims of negligence and safety rules to be used in trial

Deciding the claims of negligence and safety rules to be used in trial

I was working on this posting when we settled the birth injury malpratice case I was going to try a week for a cash settlement of $20 million. But, this is what I was doing about developing rules to be used in the trial. See what you think As I prepare for trial I am focusing on what safety rules we should use and what claims of negligence we should use at trial.   As to safety rules or rules governing conduct, I…

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