I published this article sometime ago in the Washington State Bar News. I thought it was one that I should publish here because of it’s application to trial lawyers. I hope you agree. Little is known about the author, who died in Paris in 1812. He may have been a descendant of Francois Voltaire and an ancestor of Jacques Cousteau. Apparently this essay was written for sponge divers. Because it may have broader implications, it was translated from the French…
Death cases are the more difficult and challenging cases we handle as plaintiff lawyers. Child death cases are particularly difficult in communicating reasons for substantial damages. There is unlikely to be economic losses of substance and there is a lack of a concrete measure of damages for the jury. Here is a memo of some ideas about these cases which might prove helpful. DEALING WITH THE NEGATIVE ATTITUDES . Most jurors have negative attitudes about a parent suing for the…
I recently participated in a seminar conducted by Mark Mandell on the importance of case framing in our trials. Here are some of the PowerPoint slides used in my talk which was about the science of case framing. Research shows how quickly we form impressions. In one study, it was found that we form an impression of the other person within 1/10 of a second after we meet them. In another, university students were shown very brief video of the…