Browsed by
Category: Trial

TEN RULES FOR IMPROVING JURY VERDICT OUTCOMES

TEN RULES FOR IMPROVING JURY VERDICT OUTCOMES

  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…

Read More Read More

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…

Read More Read More

ARE YOU A “WHACK A MOLE” TRIAL LAWYER?

ARE YOU A “WHACK A MOLE” TRIAL LAWYER?

For the uninitiated “Whack a Mole” is a game invented in 1976 involving a machine where plastic moles pop up from holes at random. The object of the game is to hit them on the head driving them back into their holes and adding a score for doing so. So, my question is are you a “whack a mole” trial lawyer or do you prepare for trial? There are trial lawyers who, with a minimum amount of planning and preparation,…

Read More Read More