I was asked my ideas about trial advocacy. How did I view and approach trials was the question. Here was my very simple response to what is admittedly a complex question. Trial Approach. I have for many years stressed to trial lawyers the most important thing they must understand to be great advocates is: “A trial is a battle of impression and not logic.” Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence….
Damage cases involving a plaintiff with medical issues that pre dated the injury are challenging. I believe one important rule involves openess and honesty about the facts. An essential part of persuasion is complete authenticity, sincerity and the trustworthiness of the lawyer. I believe these cases require full disclosure of the pre-existing situation during voir dire, opening statement and trial. The opening statement should continue the same approach of full disclosure. Consider using PowerPoint that summarizes the jury instruction on…
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…