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THE QUESTION OF “WHY?” IS A WHOLE LOT MORE IMPORTANT THAN “WHAT HAPPENED?”

THE QUESTION OF “WHY?” IS A WHOLE LOT MORE IMPORTANT THAN “WHAT HAPPENED?”

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I have written in this blog on many occasions about  the scientific research that the motive and reasons behind the conduct which caused the injury to your client is far more important than the facts about the negligent conduct. Proving the negligence is not the same thing as going behind the conduct and proving why the conduct took place. The doctor in a hurry is not the same case as the doctor failed to meet the standard of care in doing surgery….

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SWIMMING WITH THE SHARKS

SWIMMING WITH THE SHARKS

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In 1981 in the American Journal of Nursing published an article by Voltaire Cousteau he titled: “How to Swim with the sharks: A primer.” The author died in Paris in 1812. Apparently he was an ancestor of the modern Cousteau and this article was written for the benefit of sponge divers. It was previously translated from French and reprinted in 1973 in a medical journal. While  it was written for a different audience I kept it because it seemed to…

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THE CONNECTION BETWEEN THEATER AND TRIAL LAWYERS

THE CONNECTION BETWEEN THEATER AND TRIAL LAWYERS

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I’d  like you to consider the relationship between the theater and being a trial lawyer.  As  a trial lawyer you need to be a  script writer. Not in the sense of making  up facts, but in the sense of  deciding how to tell the story. The framing you select and the characters you decide to introduce from the actual facts of your case. You need to be the director. You have to decide h0w to present your client’s story and…

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