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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 CROSS EXAMINATION

OBSERVATIONS ABOUT CROSS EXAMINATION

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GOALS OF CROSS EXAMINATION Lawyers sometimes fail to prepare for cross examination in the same way they do other parts of the trial. They just launch off without any particular objective other than an impeachment they have available. They just have a general sense they want to prove the witness is wrong or a liar. That’s why cross examination is often not only unsuccessful but, boring. Great trial lawyers plan their cross examination and have specific goals in mind. We…

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USING A “REPTILE” STYLE OPENING STATEMENT

USING A “REPTILE” STYLE OPENING STATEMENT

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·Beginning in 1952, neuroscientist Paul D. MacLean began developing the thesis that humans have a “triune” brain, a part of which consists of a “reptilian complex” that controls the instinctive behaviors involved in survival and reproduction of the species. David Ball and Don Keenan adapted it in their 2009 book Reptile, arguing that plaintiffs’ attorneys should appeal to the reptilian part of the brains of jurors. They suggest that, to be effective, the question has to do six things:• Prevent…

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IT’S NOT WHAT YOU SAY, IT’S HOW YOU SAY IT THAT COUNTS

IT’S NOT WHAT YOU SAY, IT’S HOW YOU SAY IT THAT COUNTS

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“If you’re trying to persuade people to do something, or buy something, it seems to me you should use their language.”—David Ogilvy advertising expert The Challenge of Current Attitudes The fundamental factors involved in influencing jurors’ verdicts have remained the same over time. They primarily include: (1) juror’s backgrounds – their occupation, education, socio-economic status etc. (2) juror’s past significant experiences that influence their thinking and (3) jurors strong values, opinions and beliefs. Also constant over time are the importance…

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