Category Archives: 360 Virtual Partner
Voir Dire, the Files in Your Mind
For many trial lawyers, voir dire is the most challenging part of trial. And we have a great advantage: we get to go first. This means we get to set up or “frame” every issue. We get to begin the discussion on every topic, thereby establishing ourselves as the leaders. The jury has to follow someone; it’s either going to be us or the defense lawyer. Continue Reading…
Take on the Resistance
Trial lawyers are facing many challenges, but the most difficult is resistance. Not simply the run of the mill, garden-variety resistance. This is the “I don’t like or trust you guys or what you stand for” hyper-resistance. We are well into the age of “alternative facts” and “fake news.” And this resistance is in every aspect of the practice – from discovery through trial. If we thought we were not getting the results we need in our depositions in the past, it’s getting much worse. More…
Social Media is No Longer Optional for Law Firms, and We Have the Results to Prove It
– By Sean Allen, Twelve Three Media, Denver, CO I read an article recently that suggested social media is a waste of time for law firms. This is simply not the case! I couldn’t believe I saw somebody write such a thing with really no experience around marketing on social media platforms. I look at social media as another evolution of consumer’s attention. First think way back before television when all we had was radio. Families would gather around and … Continued
New Thoughts and Prospective for Picking the Best Jury in a Plaintiff’s Personal Injury Case
By: Lisa Blue, Robert Hirschhorn and Kellye Raymond When preparing for voir dire in a personal injury case the first thing you must do is take a hard look at your case and determine if you need a liability jury or a damages jury. There are crucial differences between the two and often times these jurors do not look the same. So, how do you know if you need a liability or a damages jury? Weigh the issues. If you … Continued
Communicate Like President Trump to Grab Your Jury
By: Lisa Blue, Robert Hirschhorn and Kellye Raymond Simple Messages. Whether you are a Democrat or Republican, every trial lawyer can learn from Donald Trump’s communication techniques. For example, one time when he was on the Jimmy Kimmel show, candidate Trump gave a one minute, 220 word answer to a question that Kimmel asked him. Like a master communicator, Trump used 172 words that were one syllable and 39 words contained just two syllables. He speaks on a 4th grade … Continued
Do You Need a Biomechanics Expert? If so, How Do You Use One
by Steven Gursten, Michigan Auto Law You receive a phone call from a person who was injured in an auto accident. The prospective client reports he was rear-ended in a recent motor vehicle crash. He is complaining of severe pain in his neck and back. You sign the case. You also order the police report. The Police Report arrives shortly after. It indicates a 0 out of a possible 7 for vehicle crash severity, which is the lowest possible score. … Continued
In the Era of Trump We Must Find the Common Ground with Our Juries
In the Era of Trump We Must Find the Common Ground with Our Juries In a post Trump election world, trial lawyers must search – even more diligently – for those small areas of common ground shared by conservative, moderate and liberal jurors. While it seems impossible, there are three important areas where we can all probably improve. Cohesive deliberations A polarized jury causes a divided deliberation which can, at best, lead to a compromised verdict. At worst, the plaintiff … Continued
Damages are About Putting in the Work
In his 43 years of practice, Chris Searcy of Searcy Denney Scarola Barnhart & Shipley of West Palm Beach, FL, has learned a lot about presenting damages. But Chris came to the practice of law with a lot of instinct because at the age of 29 he earned a $1 million verdict, the youngest lawyer in the US to achieve such an award for a single personal injury case. Since then, he has compiled a long list of 7, 8 … Continued
“PowerStory is Unlike Any Other Trial Skills Seminar”
The PowerStory conference was unlike any other trial skills seminar I have attended. Chris Stombaugh offered cutting-edge techniques, backed by cognitive science and thorough research. Filled with dense, yet accessible content, his presentation could have lasted several days and still kept me engaged. I will not soon forget the captivating demonstrations and the substance behind them. Chris showed us how to encourage clients, jurors, and witnesses to open up to us in three easy steps. He demonstrated how in one … Continued
Score One for the First Amendment
Score one for the First Amendment. Steve Gursten of Michigan Auto Law and chair of the Auto Crash Litigation 3.1 conference (April 2-3) wrote in his blog that Dr. Rosalind Griffin, DME, who happens to sit on the Attorney Discipline Board, conducted the defense exam on his client who had been seriously injured in a truck accident in Jackson County, Michigan. In testifying, Dr. Griffin made statements that misrepresented the statements made by the client in the video taped exam. … Continued
