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Category: Advocacy

PRINCIPLES OF DEBATE FOR TRIAL LAWYERS

PRINCIPLES OF DEBATE FOR TRIAL LAWYERS

Todd Graham the director of debate at Southern Illinois University. He wrote an  analysis in a special to CNN of the Florida Republican debate which I thought had some ideas about debate that might be useful in lawyer’s presentations. He said what he teaches, as the technique for debate is argue, attack, respond and presence. By argue, he means you need to state your case. Make your argument in support of your position. Attack refers to the need to point out the weakness…

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A TRIAL IS A MORALIITY PLAY

A TRIAL IS A MORALIITY PLAY

I read a recent article about the importance of “morality” in the trial story. What is really involved is finding the underlying issue which connects with the jurors universal ideas of right values.  It is also connected to the idea of “reptile” i.e. those basic instincts which we possess regarding survival. Here are the items the article listed regarding morality. Are You Protecting Us? We’ve evolved with “attachment systems” that include an ability to feel and dislike pain, and insecurity in…

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A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

Here are a couple of thoughts about trial tactics: FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. “Availability bias” jurors will begin filling in the blanks, asking themselves questions, and focus upon the behavior of the FIRST party discussed. They will construct their understanding of the case in the context of the defendant’s behavior and not focus on what the plaintiff did or should have done. “Defensive attribution” If the facts are inconsistent…

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