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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
GREAT TRIAL LAWYERS ARE CONTINUAL STUDENTS

GREAT TRIAL LAWYERS ARE CONTINUAL STUDENTS

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When we follow the careers of great trial lawyers we see different attitudes about learning new ideas. There are those who have a viewpoint “if it ain’t broken don’t fix it” when it comes to new ideas or research about being a trial lawyer. This attitude applies to  lawyers who have been very successful just doing what they have always done and just keep doing the same. They are often afraid to leave their comfort zone and are reluctant to risk anything new…

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HUMAN NATURE: “FACTS ARE WHITE NOISE & EMOTIONS RULE” & WHY WE CONTINUE TO BELIEVE OBJECTIVELY FALSE THINGS

HUMAN NATURE: “FACTS ARE WHITE NOISE & EMOTIONS RULE” & WHY WE CONTINUE TO BELIEVE OBJECTIVELY FALSE THINGS

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There are  two features of human nature that are bewildering. One is the fact that in human reasoning too often “facts are white noise and emotions rule.” That is a quote from an adviser to the leaders promoting Britain’s exit from the European Union. It also happens to be a fundamental truth of human nature. One excellent article on this subject http://westsidetoastmasters.com/resources/laws_persuasion/chap14.html has pointed out that motivational writer Dale Carnegie has written: “when dealing with people, remember you are not…

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HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

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Recently I was asked by a lawyer what I recommended for a deposition the lawyer was taking involving witness who was going to testify to facts in direct conflict with his client’s testimony. A classic two versions of the same fact in conflict. I advised him that these are difficult examinations and had this advice. To illustrate my advice, I’m making up an example of a case with a conflict issue similar to the lawyer involved. Imagine a case involving…

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