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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
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

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

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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WHAT CAN OLD TIME RADIO ADVENTURES TEACH US ABOUT PRESENTING OUR CASES?

WHAT CAN OLD TIME RADIO ADVENTURES TEACH US ABOUT PRESENTING OUR CASES?

Have you ever asked someone “What is your case about?” and they respond: “My client was  driving his pickup truck on I-5 near Federal Way in the middle  lane going between 60 and 65 mph when traffic ahead  slowed…” and so on. That’s how we present our cases to the jury – a narrative or chronology instead of a story. A story begins with a descriptive characterization about the essence of the case. For example, a response to this question…

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