Several years ago I came across a book with the unusual title “Unfair Secrets of Winning in the Law with NLP” by Franz Mesmer. As a long time student of Neuro Linguistic Programming I bought the book and studied it carefully. It was an excellent summary of basic concepts of this approach to communication with practical advice and suggestions. I learned that Franz Mesmer was merely a name adopted by the author for the book and other books as well….
Screen all new cases objectively and not emotionally. There are cases where the inherent issues are so negatively compelling and your odds of prevailing so slight it is a disservice to the client and the system to accept the case. Your decision of whether to carry the case forward should be objective and not emotional based upon evaluation of the liability, the extent of damages and the ability to collect damages. Identify the controlling issues. You must objectively identify…
When we represent people with brain injury it takes a lot of time, factual inquiry and thought in deciding how to present the damage evidence at trial. The most difficult question is what to ask a client who is capable of testifying. In general, my belief was that with major injury cases “less was more” because major injuries generally speak for themselves and don’t need a lot of detail which might make jurors feel you are playing for their sympathy. Once…