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DEALING WITH THE DIFFICULT WITNESS ON CROSS EXAMINATION

DEALING WITH THE DIFFICULT WITNESS ON CROSS EXAMINATION

There are many ways to deal with a difficult witness. Here brief simple example of one way of dealing with a problem witness from a case I tried several years ago involving a claim against an estate. The deceased , whom I will call Carlton Urall, was a very wealthy man in his late seventy’s.. His wife had been dead some time and he had developed a romantic relationship with a widow who lived in Canada. When died of a…

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WINNING MEDICAL MALPRACTICE CASES

WINNING MEDICAL MALPRACTICE CASES

Trial Guides has recently published a new book Winning Medical Malpractice Cases by Patrick Malone and Rick Friedman. These are, of course, the authors of the book Rules of the Road that has had an impact on how plaintiff’s present cases. There are many helpful ideas in this book as well as transcripts from trials. An example of one idea is Rick Friedman’s approach to the subject of rules of safety in malpractice cases. Here’s an excerpt: “At the end…

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A QUESTION OF ETHICAL BEHAVIOR AT TRIAL

A QUESTION OF ETHICAL BEHAVIOR AT TRIAL

 Have you thought about the ethical question of how far an advocate should go in representing their client? It’s not a bright line, but here are some thoughts. Most of us were introduced to Lord Brougham’s statement during his representation of the queen of England in Queen Caroline’s Case. Brougham said: “An advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all the…

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