I was working on this posting when we settled the birth injury malpratice case I was going to try a week for a cash settlement of $20 million. But, this is what I was doing about developing rules to be used in the trial. See what you think As I prepare for trial I am focusing on what safety rules we should use and what claims of negligence we should use at trial. As to safety rules or rules governing conduct, I…
Most of us were taught in law school the legal system is a rational, logical system. Our trial system was created with the belief that people are intelligent and rational beings who think and decide as such. The whole system was designed to eliminate emotion in dispensing justice and rely solely upon rational, logical and intellectual processing. Over the many years our trial and justice system has functioned judges and appellate courts have clung to that belief. For example, the…
I just finished a book I thoroughly enjoyed, The Houstons The life and times of a Hollywood dynasty by Lawrence Grobel. I thought several passages contained good advice for trial lawyers about communication, particularly pauses and timing. Joshua Karton is one of the best teachers about communications I have known and this advice is consistent with Josh’s teaching. All trial lawyers have to be actors. By that I don’t mean pretending to be or think something as a hypocrite, but…