While the following points are well known to almost all of us, it is important, from time to time, to review the basics involved in the trial of the case. Here are a few of the well-known and well-established ideas to keep in mind. I appreciate these may be overly simplistic, but we often forget the basics of good trial tactics. FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. In 1999 Lawyers Weekly…
Have you ever asked someone “What is your case about?” and they respond: “My client was driving his pickup truck on I-5 near Federal Way in the middle lane going between 60 and 65 mph when traffic ahead slowed…” and so on. That’s how we present our cases to the jury – a narrative or chronology instead of a story. A story begins with a descriptive characterization about the essence of the case. For example, a response to this question…
Screen all new cases objectively and not emotionally. There are cases where the inherent issues are so negatively compelling and your odds of prevailing so slight it is a disservice to the client and the system to accept the case. Your decision of whether to carry the case forward should be objective and not emotional based upon evaluation of the liability, the extent of damages and the ability to collect damages. Identify the controlling issues. You must objectively identify…