Everyone has their own idea about how to prepare for damages in our cases and how to conceive of damage arguments. Here’s my general viewpoint of how I approach damages generally. ELIMINATE LIMITING FEARS The first step is to think about the case without any limiting fears or conditions. Rid your mind and your thinking about other limiting damage verdicts or outcomes in other cases. Those case outcomes were determined by the lawyers, the facts and the clients in those…
When is the last time you have given real thought to the real purpose behind our advocacy for our plaintiff clients? I don’t remember what the case was about or what the outcome, but I remember how I felt after my first trial. I thought: “Wow. I’d pay someone to let me do this and to think they pay me!” I was so proud anyone would trust me with their problems and wanted to do my best job for them….
I’ve written and lectured for many years about the essential concept of simplicity in trying lawsuits. Extensive research has demonstrated repeatedly that the message must be simple and consistent. The rule of three, that is that lists should not be longer than three points, is based upon this concept. Trial lawyers must consistently discipline themselves to making the message simple. A consistent theme with a simple message is a fundamental part of communication. A recent trial illustrates this point. On…