I thought I would share a series of brief basic thoughts about communication generally. I am going to start with a note about jury selection fundamentals and communication: In voir dire follow the practice of not allowing yourself to say anything at the end of a juror’s response until you have taken a full breath in and out. You will find that this will result in correct timing and will actually move things more quickly in the long run. The…
A trial lawyer friend wrote me about my policy of not agreeing to secrecy or confidentiality as a condition of settlement when demanded by the insurance company or defendant. He pointed out a recent ethics opinion in some state that held it unethical to have such a policy in the client fee agreement. I thought I’d share my response with you. I’ve seen opinions like that, but I believe, short of discrimination, I can decide who to represent and under…
David Ball’s book Ball on Damages should be on every plaintiff lawyer’s shelf. He has not only accurately captured the correct way to present your case, but has explained the reason why it should be done that way. What follows are some random points David makes that I think are of particular importance in generaland as toopening statement in particular. I’ve "interpreted" them so for the precise thing David has to say, see the book. Let’s start with what I…