DEALING WITH “THE BLAME GAME” AT TRIAL

DEALING WITH “THE BLAME GAME” AT TRIAL

What is the most common defense we find in our cases? It is to blame someone or something else. It might be an “empty chair” defendant or another party or more often, the plaintiff himself or herself. Dealing with evasion of personal responsibility is one of the things we need to learn to deal with in representing our clients. Let’s look at the reality of the situation. We don’t have to look very far for numerous examples of the reluctance…

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MAINTAINING ESTABLISHED SAFETY RULES & JUROR PERSUASION

MAINTAINING ESTABLISHED SAFETY RULES & JUROR PERSUASION

We know that the brain has two hemispheres. The left hemisphere of the brain controls the right half of the body and the right hemisphere controls the left half of the body. The left part of the brain is responsible for logic. It contains the language centers, interprets patterns and is detail oriented. The right side of the brain is responsible for emotions. It searches for meaning. It is also the center for music, art and kinesthetic abilities. Many people favor…

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DISCOVERING THE STEALTH JURORS IN YOUR CASES

DISCOVERING THE STEALTH JURORS IN YOUR CASES

As trial lawyers we know the potential for a “stealth” juror on our panels. By that, we mean a person who has a secret agenda, an axe to grind which they conceal in order to get on the jury. See for example Molly McDonough’s article in the ABA Journal Law News entitled “Rogue  Jurors” http://www.abajournal.com/magazine/article/rogue_jurors/ in which she cites actual trials where such jurors were discovered. Well known plaintiff lawyers Gregory Cusimano and David Wenner have written an article entitled…

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