SMALL STEPS IN IMPROVING OUR TRIAL SKILLS CAN MAKE A BIG DIFFERENCE

SMALL STEPS IN IMPROVING OUR TRIAL SKILLS CAN MAKE A BIG DIFFERENCE

Even small steps of improvement can make a big difference in our lives. We need not think in terms of giant steps of improvement all at once because even small steps can make a big difference in our lives. Columnist Sydney J. Harris has pointed out that we can learn from sports the lesson that even a small improvement can mean major progress. Sports are full of examples where a small difference means a great improvement or even the difference between…

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A TRIAL IS A MORALIITY PLAY

A TRIAL IS A MORALIITY PLAY

I read a recent article about the importance of “morality” in the trial story. What is really involved is finding the underlying issue which connects with the jurors universal ideas of right values.  It is also connected to the idea of “reptile” i.e. those basic instincts which we possess regarding survival. Here are the items the article listed regarding morality. Are You Protecting Us? We’ve evolved with “attachment systems” that include an ability to feel and dislike pain, and insecurity in…

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A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS

Here are a couple of thoughts about trial tactics: FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. “Availability bias” jurors will begin filling in the blanks, asking themselves questions, and focus upon the behavior of the FIRST party discussed. They will construct their understanding of the case in the context of the defendant’s behavior and not focus on what the plaintiff did or should have done. “Defensive attribution” If the facts are inconsistent…

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