Plaintiff Trial Lawyer Tips

THE IMPORTANCE OF COMMUNICATION FRAMING

September 27, 2023 Paul Luvera Comments 1 comment

Case framing influences our decision making. In fact, Mark Mandell says case framing should be the heart and soul of every case. That’s because the way people come to a conclusion depends in part on how the issue is described. Good trial lawyers use framing to persuade. Mark has also said “Every single thing you presented trial needs to be framed in sequence to focus on points you want to make.” . To understand the significance of communication framing, we…

TRYING A PLAINTIFF DAMAGES CASE INVOLVING PRE-EXISTING MEDICAL ISSUES

August 29, 2023 Paul Luvera Comments 0 Comment

Damage cases involving a plaintiff with medical issues that pre dated the injury are challenging. I believe one important rule involves openess and honesty about the facts. An essential part of persuasion is complete authenticity, sincerity and the trustworthiness of the lawyer. I believe these cases require full disclosure of the pre-existing situation during voir dire, opening statement and trial. The opening statement should continue the same approach of full disclosure. Consider using PowerPoint that summarizes the jury instruction on…

VOIR DIRE ABOUT SAFETY ATTITUDE

August 10, 2023 Paul Luvera Comments 0 Comment

Dr. Ken Broda-Bahm is a trial consultant who publishes the blog Your Trial Message with excellent advice although focused on defense work, not plaintiff. I reviewed a lot of blogs about trial work and have found his to be reliable and informative even though his approach and focus is on conflict with plaintiff representation because the concepts are authentic. In a July 10, 2023, issue he wrote a blog “Voir Dire for the ‘Safetyist’ attitudes.” He indicates that a general…