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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
YOU ARE THE MESSAGE TO THE JURY WHETHER YOU ARE SPEAKING OR NOT

YOU ARE THE MESSAGE TO THE JURY WHETHER YOU ARE SPEAKING OR NOT

In 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…

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SOME THOUGHTS ABOUT MEDICAL MALPRACTICE CASES

SOME THOUGHTS ABOUT MEDICAL MALPRACTICE CASES

I have some personal views about plaintiff representation of a medical malpractice case based upon experience and research. The basic ones include: (1) trials are struggles for juror impression and not a contest of rational logic. (2) Values and strongly held beliefs along with significant past experiences have a powerful impact on decisions vs rational logic and (3) proof of betrayal is significantly more powerful than proof of a medical mistake or negligence. To outline what we all know from…

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EXCERPTS FROM GERRY SPENCE ARGUMENT IN HUNTER v LEWIS MALPRACTICE CASE

EXCERPTS FROM GERRY SPENCE ARGUMENT IN HUNTER v LEWIS MALPRACTICE CASE

In 1982 Gerry Spence tried a case in Provo Utah, Hunter v. Lewis. The transcript of his opening summation has examples of persuasive ideas worth reviewing. Here are a few of them: “Now, in a little while the case of Joshua Hunter is going to be in your hands. And there’s something, however, that I want to say to you about that that’s important for you to understand; and that is: that each one of us are human beings, just…

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