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Category: Tactics

PLAINTIFF’S SHOULD ALWAYS START BY ATTACKING THE DEFENDANT

PLAINTIFF’S SHOULD ALWAYS START BY ATTACKING THE DEFENDANT

I’ve written about this before, but I still have plaintiffs lawyers who express doubt about the rule that a plaintiff should always start their case by attacking the defendant. Some years ago Lawyers Weekly published an article by Elaine McArdle about the  research regarding this rule. In the 1990s,trial lawyers Gregory Cusimano and David Wenner investigated the issue.They presented fact patterns to hundreds of focus groups around the country and in that process they observed a consistent pattern: when they…

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APOLOGY & ADMISSION OF LIABILITY

APOLOGY & ADMISSION OF LIABILITY

Insurance companies advise their insureds  in malpractice situations to apologize to the injured person. That’s because their research indicates that a prompt concession of fault with an apology motivates the injured person to either not assert a claim at all or to be willing to compromise more quickly and easily. They have enough confidence in this idea to lobby legislators to adopt statutes that prohibit the introduction into evidence that apology or admission of fault has been made in such cases….

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RANDOM THOUGHTS ABOUT REPRESENTING PLAINTIFFS

RANDOM THOUGHTS ABOUT REPRESENTING PLAINTIFFS

This is a mixing bowl of unconnected ideas about our work. It’s a summary of some recent E-mail exchanges I’ve had with  other plaintiff’s lawyers about different subjects  under discussion and my general reading. How do We  Make  Decisions? I’ve written a lot about this subject but in Tuesday’s edition of the this  week’s New York Times there was an article about how people  make medical decisions regarding their health care. It was based, in part on medical journal articles…

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