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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
TRYING A PLAINTIFF DAMAGES CASE INVOLVING PRE-EXISTING MEDICAL ISSUES

TRYING A PLAINTIFF DAMAGES CASE INVOLVING PRE-EXISTING MEDICAL ISSUES

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Damage cases involving a plaintiff with medical issues that pre dated the injury are challenging. I believe one important rule involves openess and honesty about the facts. An essential part of persuasion is complete authenticity, sincerity and the trustworthiness of the lawyer. I believe these cases require full disclosure of the pre-existing situation during voir dire, opening statement and trial. The opening statement should continue the same approach of full disclosure. Consider using PowerPoint that summarizes the jury instruction on…

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VOIR DIRE ABOUT SAFETY ATTITUDE

VOIR DIRE ABOUT SAFETY ATTITUDE

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Dr. Ken Broda-Bahm is a trial consultant who publishes the blog Your Trial Message with excellent advice although focused on defense work, not plaintiff. I reviewed a lot of blogs about trial work and have found his to be reliable and informative even though his approach and focus is on conflict with plaintiff representation because the concepts are authentic. In a July 10, 2023, issue he wrote a blog “Voir Dire for the ‘Safetyist’ attitudes.” He indicates that a general…

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DAVID BALL OPENING STATEMENT OUTLINE

DAVID BALL OPENING STATEMENT OUTLINE

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I’ve known trial consultant David Ball, for many years. He’s assisted me on a number of major cases. David is a nationally known consultant who has lectured throughout the country and the author of a number of important books about trial. His most recent book, David Ball on Damages 3, is required on the shelf of every trial lawyer. What I’ve learned from David is the concept of directness and simplicity. Here is an example of some of his basic…

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