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Category: Advocacy

TWO SUGGESTIONS ABOUT BEING A BETTER TRIAL LAWYER

TWO SUGGESTIONS ABOUT BEING A BETTER TRIAL LAWYER

For some years I  collected and saved in a notebook ideas I heard or read about relating to  communication and advocacy. Here are   two of the items I saved  and which you may find  of interest. In the 1970’s actor James  Garner was featured in a TV series The Rockford Files.  In an interview  he related how  the English actor Charles Laughton had said to him:  “Jim, your problem is that you’re afraid to be bad.” Garner said  “He…

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THE “GOLDEN MOMENT” ACCORDING TO JIM McELHANEY

THE “GOLDEN MOMENT” ACCORDING TO JIM McELHANEY

An article written by James W. McElhaney in 2004 was recently called to my attention. McElhaney is a wonderful teacher of solid trial techniques and a long time writer for the ABA Journal about communication in trial. This article was titled “No Time to Waste” and was published in the Journal at: http://www.abajournal.com/magazine/article/no time_to_waste In writing about opening statement McElhaney writes about “the golden moment” which he says is the first 30 seconds you have when you first begin to speak on…

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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

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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