I am not sure how much help, if any, my rough notes for argument in a brain injury case where the defense admitted liability would be to you, but I thought it might illustrate one way to frame the basics for the liability argument. Here it is for whatever use it might be on notes for argument. OUTLINE A.USE AS ILLUSTRATIONS: JURY VERDICT FORM NON ISSUE LIST JURY INSTRUCTIONS (1) ISSUES IN CASE (Inst No._____) (2) CONCEEDED FAULT (Inst No._____)…
Last week I spoke at the Washington State Association for Justice seminar. When I retired I had decided not to give talks in the future since I wasn’t practicing law. The exception I made was for the Inner Circle of Advocates convention because of my long association and past presidency of that organization. When my longtime friend William Bailey asked me to please speak at last week’s convention that he was conducting with Seattle lawyer Rebecca Rowe I agreed because…
Everyone has their own idea about how to prepare for damages in our cases and how to conceive of damage arguments. Here’s my general viewpoint of how I approach damages generally. ELIMINATE LIMITING FEARS The first step is to think about the case without any limiting fears or conditions. Rid your mind and your thinking about other limiting damage verdicts or outcomes in other cases. Those case outcomes were determined by the lawyers, the facts and the clients in those…