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Category: Trial Tactics

IF YOUR TRIAL MESSAGE IS SOLEY ABOUT COMPENSATING YOUR CLIENT, YOU NEED TO CHANGE THE MESSAGE

IF YOUR TRIAL MESSAGE IS SOLEY ABOUT COMPENSATING YOUR CLIENT, YOU NEED TO CHANGE THE MESSAGE

. I’ve previously written about the subject of how we present our cases to juries. I maintained that betrayal, not mistake, is the essential message for winning negligence cases. See: https://plaintifftriallawyertips.com/betrayal-not-mistake-is-the-essential-message-for-winning-negligence-cases. Preview in new tab Research has demonstrated that tried correctly, your trial message should be not just to establish the required proof of the negligent act, but to also show the wrong motive or breach of duty for it happening. Gerry Spence at the Trial College advocated proof of…

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THE TOOL OF PSYCHODRAMA FOR PLAINTIFF ATTORNEYS

THE TOOL OF PSYCHODRAMA FOR PLAINTIFF ATTORNEYS

More than twenty years ago I first taught at the Trial College College created by Gerry Spence and conducted in Wyoming. It was there that I met Dr. John Nolte from Connecticut. He was trained as a psychologist and became involved in the Mareno Institute where he was educated in psychodrama. John was the certified psychodrama conductor at the ranch and was extremely gifted in its use. The lawyer students were immediately introduced to psychodrama and personally experienced it as…

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UNDERSTANDING WHY JURORS WANT TO BLAME THE INJURED PLAINTIFF

UNDERSTANDING WHY JURORS WANT TO BLAME THE INJURED PLAINTIFF

Tom Wolfe, in his book The Right Stuff, described how military pilots reacted when a fellow pilot was killed during test flights. He wrote: “The other pilots shook their heads and said it was a damned shame, but he should have known better than to wait so long before lowering the flaps.” When another friend was killed after climbing and then diving straight into the bay, they said  “How could anybody fail to check his hose connections? And how could…

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