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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
        HOW TO WRITE A MEDIATION SETLEMENT LETTER

        HOW TO WRITE A MEDIATION SETLEMENT LETTER

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. . .       . “The supreme art of war is to subdue the enemy without fighting.” Sun Tzu, The Art of War For some time, most settlements have taken place through a mediation process rather than direct negotiation with the insurance company. However, settlement negotiations usually involve a letter sent to the insurance company, defense counsel or to a mediator. These settlement letters are the basis for outlining the case and the plaintiff’s position regarding settlement. While there are a…

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 AN OPENING STATEMENT OUTLINE IN A CASE WITH A COMPARATIVE NEGLIGENCE ISSUE

 AN OPENING STATEMENT OUTLINE IN A CASE WITH A COMPARATIVE NEGLIGENCE ISSUE

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      “The most powerful person in the world is the storyteller. The storyteller sets the vision, values and agenda of an entire generation that is to come.” – Steve Jobs . We have cases where the facts or circumstances involve an issue of contributory negligence. In some cases there has been a judicial finding of our client’s negligence or it might involve a tactical decision of ours to concede some percentage of fault on the part of our client or…

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EVASIVE WITNESSES

EVASIVE WITNESSES

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Recently plaintiff’s attorney Rick Friedman shared an article from the defense publication ” For the Defense” published in December 2015 entitled ”Strategies for Responding to Reptile Theory Questions” by John R. Crawford and Benjamin A. Johnson. file:///C:/Users/pnl/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/EEHZ7017/Strategies-for-Responding-to-Reptile-Theory­Questions-compressed.pdf The article is written in response to David Ball and Don C. Keenan’s book Reptile: The 2009 Manual of the Plaintiff’s Revolution.” The authors summarize the concept in the book as: “In brief, the theory calls for convincing jurors that a defendant’s conduct…

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