Plaintiff Trial Lawyer Tips

JUST BECAUSE YOU KNOW THE LYRICS DOESN’T MEAN YOU KNOW HOW TO SING

July 3, 2019 Paul Luvera Comments 0 Comment

In psychology there is a principal known as the “Dunning – Kruger effect.” It refers to the psychological phenomenon which leads people to overestimate their ability because they have failed to grasp how much they really don’t know about the subject. They think they are well-informed and understand when in fact they don’t fully understand. People, lawyers in particular, too quickly believe, that as intelligent people, they have fully grasped a new concept which has been presented to them. Often,…

“MY LEARNED FRIENDS” Francis Hare: Memories of a Trial Lawyer

June 22, 2019 Paul Luvera Comments 0 Comment

Throughout a 57-year legal career from which he never fully retired, Francis Hare’s unique approach to his profession left a permanent impact on the system of justice he so faithfully served. Mr. Hare was a nationally known plaintiff’s trial lawyer from Alabama who wrote a book in 1976. The book had a passage on the subject of pain-and-suffering which has been quoted over the years. There are some concepts about arguing pain that are still compelling after all the years…

THE RIGHT TO A CONSTITUTIONAL JURY WHEN ALLOWING JURORS WITH ACTUAL BIAS TO SERVE ON THE JURY

June 3, 2019 Paul Luvera Comments 1 comment

I published an article in the May 2019 edition of NW Lawyer, our state bar publication, about our statutes which allow a juror with actual bias to serve on the jury. The title is “Washington Law On Jury Challenges for Bias Undermines Litigants Constitutional Right to An Impartial Jury.” The article can be read at http://nwlawyer.wsba.org/nwlawyer/may_2019?pg=34#pg34 Many states have similar provisions to Washington in that regard. Our statute, RCW 4.44.190 says: “A challenge for actual bias may be taken for…