Trial lawyers involved in persuasion and communication should study how the human brain functions. Here are a few facts to help us understand more about our brain. See the book Incognito: The Secret Lives of the Brain by David Eagleman for a full description of facts and information The Brain The brain is three pounds of the most complex material we have discovered in the universe. This is the mission control center that drives the whole operation. Your brain is…
In analyzing what the demeanor of the plaintiff trial lawyer should be during trial, one should keep in mind how jurors and judges arrive at their viewpoints, opinions and verdicts. Research and functional magnetic resonance imaging has confirmed the majority of our decisional thought processing goes on at a subconscious level. Our impressions and decisions are not logical, but rather a process that occurs without our conscious involvement and at an unconscious level. However, these subconscious conclusions are always rationalized…
I have some personal views about plaintiff representation of a medical malpractice case based upon experience and research. The basic ones include: (1) trials are struggles for juror impression and not a contest of rational logic. (2) Values and strongly held beliefs along with significant past experiences have a powerful impact on decisions vs rational logic and (3) proof of betrayal is significantly more powerful than proof of a medical mistake or negligence. To outline what we all know from…