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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 YOU ASK THE QUESTION INFLUENCES THE JUROR’S ANSWER

HOW YOU ASK THE QUESTION INFLUENCES THE JUROR’S ANSWER

Those of you who  read this blog know my appreciation of the website The Jury Expert.  http://www.thejuryexpert.com/ Mykol Hamilton and Kate Zephyrhawke published an article at the website: “Revealing Juror Bias Without Biasing your Juror…” which is worth reading. Their research and that of others demonstrates that the form of the question lawyers ask jurors can, and often does, pressure people into underestimating their own bias. They point out that such questions can drive the juror bias mentally underground by exerting social desirability pressure…

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GERRY SPENCE WITNESS EXAMINATION EXCERPTS

GERRY SPENCE WITNESS EXAMINATION EXCERPTS

 In 1985, a man was shot dead on a rural road in Lincoln County, Ore. A teenage boy and his mother were indicted for the crime. Gerry Spence took on both cases for the defense pro bono and faced off against a young prosecutor named Joshua Marquis in the juvenile’s trial; the attorneys did not take a shine to each other. So contentious was the trial that they both ended up before the Oregon State Bar. A special report in…

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PRELIMINARY OUTLINE FOR ARGUMENT

PRELIMINARY OUTLINE FOR ARGUMENT

I am not sure how much help, if any, my rough notes for  argument in a brain injury case where the defense admitted liability would be to you, but I thought it might illustrate one way to frame the basics for the liability argument. Here it is for whatever use it might be on notes for argument. OUTLINE  A.USE AS ILLUSTRATIONS: JURY VERDICT FORM NON ISSUE LIST  JURY INSTRUCTIONS  (1)        ISSUES IN CASE  (Inst No._____) (2)        CONCEEDED FAULT (Inst No._____)…

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