VOIR DIRE FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C
|
|
- Lily Matthews
- 8 years ago
- Views:
Transcription
1 VOIR DIRE FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C
2 You have been sitting in your chair at counsel table for a good part of the day, perhaps making an occasional objection, perhaps not, and if plaintiff s counsel has done their job in Voir Dire, they have not only explained the issues and argued their case, they are probably winning the case before you ever get a chance to utter a word or ask a single question in Voir Dire. As such, Voir Dire, from the defense prospective, is your opportunity and, in fact, responsibility to attempt to level the playing field. If you are unsuccessful in doing that, plaintiff s opening statement, coupled with a strong Voir Dire, will render the rest of the case virtually meaningless. Voir Dire, in the estimation of many attorneys, is by far the most important, yet nervewracking, aspect to any trial. Its importance is well-known and well-documented. It is the first opportunity for an attorney to present both himself or herself and his or her client and their client s cause to the jury. The primacy effect is clearly at work, as well as the desire to make a good first impression. For that reason, the attorney when conducting Voir Dire should make every attempt to run the examination in a smooth and organized manner, although that is often times impossible, especially on the defense side. As James McElhaney wrote in the December 1998 ABA Journal: You have two opportunities to listen to the jury: In Voir Dire and when the jury delivers its verdict. The time to find out how they feel about the case is at the start of the trial, not the end. LISTEN TO THE ANSWERS These words sum up the real purpose of Voir Dire, which is to attempt to elicit information from which an unbiased jury can be selected. Consequently, as the first issue is to obtain such a jury, one must listen to their answers. In order to listen to their answers, one must avoid spending all of the time talking. As lawyers, we find that very difficult at times, but it must be avoided, especially in those situations where Voir Dire is limited (e.g., federal court). When we really listen to the jurors just as we would a witness, we can often hear nuances or subtleties in their speech and in the words that they choose that will lead us to a determination as
3 to whether or not to strike them, even if they appear to be giving answers that are not insightful. For that reason alone, we must ask open ended questions in an effort to get the jurors talking as opposed to just trying to get them to agree with propositions that we are putting forth. It is for that reason that I use an outline style for Voir Dire rather than specific questions. It allows me more flexibility and more off the cuff style of questions that appear to be more conversational and are designed to elicit discussion with the jurors. A large portion of my work is in defending attorneys in legal malpractice cases. As such, following plaintiff s Voir Dire, the jury s general bias against lawyers who might have made a mistake has generally been reinforced. Often times, we have jurors who respond that lawyers should not make mistakes due to the special relationship between lawyers and their clients as well as the amount that clients are paying for legal services. As such, one of my tasks is to show to the jury that lawyers are just like anyone else, and that they make mistakes from time to time. I have enclosed a sample of a portion of an outline dealing with a legal malpractice case in which liability was admitted (Exhibit A ). JUROR SYMPATHY One of the most difficult things to combat in Voir Dire is juror sympathy, especially in a catastrophic case. It is not sufficient to tell the jury that their decision cannot be based on sympathy and then to seek a response that they will not base their decision solely on sympathy. An example that I have used in the past is the heart versus head example. I have attached as Exhibit B a sample of an outline that I used in a catastrophic case with this issue. ARGUMENT We all want to argue our cases in Voir Dire, and I would encourage any person considering Voir Dire to have a healthy bit of argument. To the best of your ability, lay out the case as you believe the evidence will show, and try to get the jurors to understand your viewpoint
4 of the case and, hopefully, to agree with your viewpoint or to let you and the other panel members know that they are in such disagreement that you are able to strike them for cause. One must be cautious, however, not to argue the case too soon. This is more easily accomplished on the defense side after certain issues have been put out before the jury by plaintiff s counsel or, perhaps, by co-defendant s counsel. Nonetheless, arguing the case too soon can have an affect on your own credibility, as the jury may not understand where you are coming from and they may not have a sufficient factual basis to give a committed response to a particular line of questioning. Oftentimes, when arguments come too early, jurors are seen shaking their heads or giving somewhat dumbfounded looks, as they really do not have a sense for why the questions are being asked. Occasionally, you can leave one or two questions hanging and they can then be referred to later in the case and the jury may have an aha moment, but, for the most part, the jury should have a good understanding to the nature of the case before the argument begins. GIVE THE WARTS OF THE CASE With your argument related questions, you will want to be open about the flaws in your case so that you share with the jury your concerns about the most important and dangerous aspects of the case as well as those that are beneficial to your way of thinking. In that way, you can elicit information about the jurors attitudes from a position that is specifically on point with the case, and you will have a much better read for how the jury will respond to your evidence. For example, if you have bad facts or bad pictures to deal with, you should make them known to the jury in Voir Dire. Exhibit C hereto is a portion of an outline dealing with bad pictures from a burn injury case. REHABILITATION One should be cautioned, however, to refrain from attempting to adjust jurors attitudes and biases. Most attitudes and biases are long-standing or deep-rooted. To expect that you as an
5 unknown person and a lawyer will be able to shake the jurors from their beliefs is an exercise in futility. Not only will you fail to change their beliefs, you will loose credibility in the process. That is not to say, however, that you should avoid rehabilitating an adverse juror once cause has arguably been established by plaintiff s counsel. Oftentimes, the establishment of cause on certain juror bias questions can be pervasive, and the jurors may not understand that they have been led to a position that has caused them to indicate a bias against one side or in favor of the other. While you would not want to attempt to change a venire person s deep-seated beliefs, you can work with them to change their understanding of the issues in the case and to perhaps rethink their positions shown in response to previously asked questions. The jurors should be educated to know that while they all may have certain biases and beliefs, all that a fair trial demands and the Court requests is that they be capable of a fair decision based on the evidence and the Court s instructions. Some discussion along the lines of what is required of jurors and what they are not being asked to set aside can be very beneficial before launching into a juror by juror rehabilitation campaign. COMMITMENT It is appropriate for plaintiff s counsel to attempt to ascertain bias or prejudice regarding a juror s potential award of punitive damages if they are an issue in the case. Ashcroft v. Tad Resources Intern., 972 S.W. 2d 502 (Mo. App. 1998). Nonetheless, if plaintiff s counsel attempts to obtain a commitment for a certain amount of damages or for a specific verdict, such an attempt would be improper. Generally, these types of questions walk a fine line, and an appropriate objection can be made so that the jury is aware that plaintiff s counsel is attempting to obtain such a commitment before the jury hears the evidence
6 CONCLUSION In conclusion, you should look at Voir Dire as your chance to involve the jurors in your case and to take them along for the remainder of the trial. You should talk to all of them and try to be as relaxed and conversational as possible. In a nutshell, the following are good rules of jury selection: Make a good first impression your motto should be be prepared. Do not work from questions, but work from your own outline and don t be afraid to ad lib. Set the story, your theme and address key issues (but do not argue too soon). Address your questions to the entire panel, as you never know who will be ending up in the box. On the defense side, rehabilitate your jurors, first in general terms, and then specifically. Never talk down to the jury you are one of them. Give respect to everyone. Be concise: especially for the defense, a number of the issues will have already been covered and jurors respect and like those who are quick to the point, especially if they have been undergoing the examination for a lengthy period of time. Be sincere but do not forget humor (especially directed at yourself. Finally, for jury selection, review the statutes and case law that relate to jury qualifications. See Missouri Revised Statute Section and See also Ray v. Gream, 860 S.W.2d 325 (Mo Banc 1993); Rogers v. B & G Transit Corp, 949 S.W.2d 151 (Mo. App. 1997)
OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1
OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1 Where Voir Dire is an opportunity to give the jurors an outline of your themes, opening statement
More informationScaled Questions During Jury Selection
Scaled Questions During Jury Selection By: Ben Rubinowitz and Evan Torgan One of the most crucial tasks a trial attorney must undertake is selecting a pool of jurors that will view her client's case in
More informationMedical Malpractice VOIR DIRE QUESTIONS
Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should
More informationOpening Statements Handout 1
Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys
More informationJUROR S MANUAL (Prepared by the State Bar of Michigan)
JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,
More informationMAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD
Maximizing Strikes for Cause MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD I. INTRODUCTION This paper will introduce an approach to jury selection that is radically different from
More informationWhat the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle
What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,
More informationBoulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.
Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for
More informationMEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys
MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Case No. 09-00296-03-CR-W-FJG ) ROBERT E. STEWART, ) ) Defendant.
More informationIMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com
IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk
More informationOPENING INSTRUCTIONS
OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I
More informationIADC Webinars are made possible by a grant from The Foundation of the IADC.
IADC Webinars are made possible by a grant from The Foundation of the IADC. The Foundation of the IADC is dedicated to supporting the advancement of the civil justice system through educational opportunities
More informationHow to Prepare for your Deposition in a Personal Injury Case
How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,
More informationThe opening statement is a most important part of trying a lawsuit. Many lawyers do not
OPENING STATEMENTS Introduction The opening statement is a most important part of trying a lawsuit. Many lawyers do not treat the opening statement with the importance it deserves. Many opening statements
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2
More informationMODEL JURY SELECTION QUESTIONS
MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must
More informationSTEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.
STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.
More informationFundamental Trial Techniques For The Defense
Fundamental Trial Techniques For The Defense Craig A. Livingston 1600 South Main Street, Suite 280 Walnut Creek, California 94596 925.952.9880 www.livingstonlawyers.com Trial Considerations The First and
More informationINTRODUCTORY REMARKS and INITIAL VOIR DIRE (CRIMINAL) (JUDGE O. H. EATON, JR. ) Good morning ladies and gentlemen. Welcome to the criminal
INTRODUCTORY REMARKS and INITIAL VOIR DIRE (CRIMINAL) (JUDGE O. H. EATON, JR. ) Good morning ladies and gentlemen. Welcome to the criminal division of the Circuit Court. The Circuit Court considers criminal
More informationDIRECT EXAM OF EXPERT ON COMPLICATED SUBJECT MATTER THE ART OF EXPLANATION
DIRECT EXAM OF EXPERT ON COMPLICATED SUBJECT MATTER THE ART OF EXPLANATION I. INTRODUCTION Many cases involve complicated subject matter. A trial lawyer s presentation requires making the complicated understandable
More informationSTEPS IN A MOCK TRIAL
STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge
More informationTHE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS
THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS I. Purpose of This Handbook The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their
More informationTHE IMPACT OF DAY IN THE LIFE VIDEOS IN CATASTROPHIC INJURY CASES
THE IMPACT OF DAY IN THE LIFE VIDEOS IN CATASTROPHIC INJURY CASES Presented and Prepared by: Roger R. Clayton rclayton@heylroyster.com Peoria, Illinois 309.676.0400 Prepared with the Assistance of: J.
More informationTesting the Comparative Negligence Affirmative Defense
Testing the Comparative Negligence Affirmative Defense Copyright 2001, Defense Research Institute, Inc. First published in the December 2001 issue of For The Defense by Aaron Abbott, Ph.D. and Gus von
More informationHandling the Medical Malpractice Case in Arizona
Handling the Medical Malpractice Case in Arizona National Business Institute June 21, 2013 Heather A. Neal One North Central Avenue Suite 900 Phoenix, Arizona 85004 Telephone: (602) 307-9900 Fax: (602)
More informationKeeping a Lid on Damages at Trial Wednesday, November 14, 2012 Presented By the IADC Trial Techniques and Tactics Committee
Keeping a Lid on Damages at Trial Wednesday, November 14, 2012 Presented By the IADC Trial Techniques and Tactics Committee Welcome! The Webinar will begin promptly at 12:00 pm CDT. Please read and follow
More informationDealing With Weaknesses and Maintaining Credibility. By Ben Rubinowitz and Evan Torgan
Dealing With Weaknesses and Maintaining Credibility By Ben Rubinowitz and Evan Torgan While many trial lawyers focus on the credibility of their witnesses, a truism remains: No one s credibility is more
More informationThe Federal Criminal Process
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
More informationDAMAGES: THE DEFENSE ATTORNEY S DILEMMA
DAMAGES: THE DEFENSE ATTORNEY S DILEMMA by Jeri Kagel Jeri Kagel jeri@trialsynergy.com is the principal trial consultant and owner of Trial Synergy, LLC in Atlanta, GA. She has a background in counseling
More informationColorado High School Mock Trial Program
Colorado High School Mock Trial Program SUGGESTIONS FOR STUDENT ATTORNEYS This outline offers various hints to help students prepare to be attorneys on the mock trial teams. Included are tips and techniques
More informationMINNESOTA JUDICIAL TRAINING UPDATE
MINNESOTA JUDICIAL TRAINING UPDATE CRIMINAL VOIR DIRE QUESTIONS ASKED BY THE COURT THE MN SUPREME COURT TASK FORCE ON JURY SELECTION HAS RECOMMENDED THAT JUDGES BE MORE PROACTIVE IN ASKING INITIAL QUESTIONS
More informationLife as a Medical Malpractice Attorney
Life as a Medical Malpractice Attorney A medical malpractice case lands on your desk. What is your first thought? What is your plan? If you re stumped or not sure where to begin, studying the anatomy of
More informationTrying a Wrongful Death Case: Voir Dire as a Bridge to Summation
Trying a Wrongful Death Case: Voir Dire as a Bridge to Summation By: Ben Rubinowitz and Evan Torgan Damages in a wrongful death case are fraught with complex issues and legal challenges. While it is easy
More informationReptile Theory: A Tail of Two Reptiles. Julia B. Semenak
Reptile Theory: A Tail of Two Reptiles Julia B. Semenak If phrases like safety rules and community safety sound familiar, you have likely encountered a plaintiff s lawyer using the strategies set forth
More informationCIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI
More informationNO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee
NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS
More informationGetting the Best Value from Trial Consultants and Jury Research
Zagnoli McE voy Foley L LC Experts in Litigation Communication Getting the Best Value from Trial Consultants and Jury Research Jo Ellen Livingston, Ph.D., George Hunter, Ph.D. Zagnoli McEvoy Foley LLC
More informationA Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant
More informationWhat Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?
SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court
More informationWillie J. Epps, Jr., Shook, Hardy & Bacon, Kansas City, Missouri
Panel Discussion Ethical Issues Confronting Criminal Defense Attorneys Willie J. Epps, Jr., Shook, Hardy & Bacon, Kansas City, Missouri Ethical Issues Arising in Federal Criminal Defense Multi-Track Criminal
More informationBack To The Basics: Trying A Motor Vehicle Collision Case
By the Advocate Magazine, August 2006 When the court asks, "Is the plaintiff ready for trial?", you want to be able to answer confidently, "Yes, your Honor." The following are a few suggestions that should
More informationCOURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA KEYBOARD()DIVISION KEYBOARD(), Plaintiff, v. KEYBOARD(), Defendants. ] ] ] ] ] ] ] ] ] CV Members of the Jury: COURT S INSTRUCTIONS
More informationThe Indiana Coalition Against Domestic Violence
Evidentiary Issues in Domestic Cases: An Overview Introduction A. Importance of legal representation in cases that involve domestic violence. B. History of protection order laws and implications for evidence.
More informationRole Preparation. Preparing for a Mock Trial
Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13
More informationThe Keys To An Effective Medical Malpractice Defense
The Keys To An Effective Medical Malpractice Defense By Thomas M. O Toole, Ph.D. Some research has shown, while as little as 1% of the lawsuits filed each year in the United States actually make it to
More informationV O I R D I R E ( J U R Y S E L E C T I O N )
In some jurisdictions, prosecutors are permitted to voir dire or question prospective jurors or venire persons. If you practice in a jurisdiction that permits you to ask questions, it is important to develop
More informationTIPS AND ADVICE TO ENSURE THE BEST OUTCOME FOR YOUR PERSONAL INJURY CASE.
A CONSUMER S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM TIPS AND ADVICE TO ENSURE THE BEST OUTCOME FOR YOUR PERSONAL INJURY CASE. MATERIAL PROVIDED BY: DICAUDO & YODER, LLC A CONSUMER S GUIDE TO A SUCCESSFUL
More informationA Consumer Guide. What is a Deposition and How Does It Work in a Personal Injury Case?
79 Wall Street Huntington, NY 11743 800.660.1466 631.425.9775 718.220.0099 631.415.5004 (fax) A Consumer Guide What is a Deposition and How Does It Work in a Personal Injury Case? A key component in many
More informationDEPOSITION LETTER. Dear Client:
DEPOSITION LETTER Dear Client: The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity
More informationRole Preparation. Preparing for a Mock Trial
Criminal Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1 Time Chart 2 Etiquette 3-4 Role Preparation for: Crown and Defence Lawyers 5-7 Judge and Jury 8 Court
More informationCONSTRUCTION LAW AND LITIGATION May 2012
I suggest the following simple ten ways to avoid malpractice in litigation: CONSTRUCTION LAW AND LITIGATION May 2012 IN THIS ISSUE Lawrence J. West gives us a Top 15 List for Preparing the Expert Witness
More informationVOIR DIRE 2/11/2015 STATE OF TEXAS VS JANE DOE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER
STATE OF TEXAS VS JANE DOE VOIR DIRE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER 3. DESELECTION (TO MAKE THE JURY = SIT THERE & BE QUIET) 4. SOME QUESTIONS
More informationHOW JURIES CALCULATE MISSOURI PERSONAL INJURY AWARDS
HOW JURIES CALCULATE MISSOURI PERSONAL INJURY AWARDS Leaving the final decision on compensation in the hands of a jury is always a risk, one that most both parties in a personal injury case often prefer
More informationWinning the Mediation: A Trial Lawyer's Guide
Winning the Mediation: A Trial Lawyer's Guide Article Contributed by: Allen B. Grodsky, Grodsky & Olecki LLP Lawyers often market themselves as great trial lawyers, even going so far as to promote their
More informationHow Do People Settle Disputes? How a Civil Trial Works in California
Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil
More informationVoir Dire a Defense Perspective
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 19, Number 1 (19.1.8) Feature Article By: Robert W. Neirynck Costigan & Wollrab, P.C.
More informationSETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE
SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE These instructions will be in three parts: first, general rules that define and control your duties
More informationTHE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS
THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601
More informationWhen Reptiles Meet the Road
When Reptiles Meet the Road David C. Marshall* On March 20, 2013, a New Mexico jury returned a $58.5 million verdict, including $47 million in punitive damages, to the plaintiff in a wrongful death lawsuit
More informationCurrent Trends in Litigation Involving the Use of Social Media
Current Trends in Litigation Involving the Use of Social Media John B. Kearney Partner and Head, New Jersey Litigation Group Ballard Spahr LLP 1 Introduction Social media now affect all phases of litigation
More informationTrying a Labor Law Case with a Sole Proximate Cause Defense
Trying a Labor Law Case with a Sole Proximate Cause Defense By Ben Rubinowitz and Evan Torgan Although Labor Law Section 240 was designed to protect workers, making owners and general contractors strictly
More informationFINAL JOINT PRETRIAL ORDER. This matter is before the Court on a Final Pretrial Conference pursuant to R. 4:25-1.
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY:LAW DIVISION Docket No. Plaintiff(s), v. Defendant(s). FINAL JOINT PRETRIAL ORDER This matter is before the Court on a Final Pretrial Conference pursuant to
More informationBasic elements of a medical malpractice claim:
Presentation by: Margaret Pisacano, BSN, JD Director of Risk Management UK Healthcare Basic elements of a medical malpractice claim: DUTY: To act as a reasonably prudent family practice physician under
More informationThe Defense Lawyer s Tool Kit For Working With Medical Experts
The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office
More informationAre jury awards in greater Minnesota getting greater? Large verdicts put conventional wisdom in question
Are jury awards in greater Minnesota getting greater? Large verdicts put conventional wisdom in question By Barbara L. Jones August 20, 2001 Reprinted with Permission of Minnesota Lawyer While lawyers
More informationProper Use of Focus Groups in Civil Litigation
Proper Use of Focus Groups in Civil Litigation Rhon E. Jones 1 Beasley, Allen Crow, Methvin, Portis & Miles, P.C. Montgomery, Alabama Focus groups are more important to civil litigation than you may think.
More informationRULES OF THE ROAD TO WINNING PERSONAL INJURY CASES
RULES OF THE ROAD TO WINNING PERSONAL INJURY CASES I. Start at the finish. A. What are you going to have to prove. B. Prepare your jury instructions. C. With jury instructions on liability and damages
More informationJURY INSTRUCTIONS. 2.4 Willful Maintenance of Monopoly Power
JURY INSTRUCTIONS PRELIMINARY INSTRUCTIONS 1. ANTITRUST CLAIMS 2. Elements of Monopoly Claim 2.1 Definition of Monopoly Power 2.2 Relevant Market 2.3 Existence of Monopoly Power 2.4 Willful Maintenance
More informationOpening Statements: Applying Rules of the Road to Employment Cases. John A. Beranbaum
NELA/NY Fall 2014 Conference Opening Statements: Applying Rules of the Road to Employment Cases John A. Beranbaum The book, Rules of the Road: A Plaintiff Lawyer s Guide to Proving Liability (2d Ed. 2010),
More informationEFFICIENTLY PREPARING A CASE FOR TRIAL ABA Distance CLE Teleconference January 12, 2010. A. I have previously presented a teleconference on
EFFICIENTLY PREPARING A CASE FOR TRIAL ABA Distance CLE Teleconference January 12, 2010 I. Scope of this presentation A. I have previously presented a teleconference on Woodshedding Witnesses and 60 Days
More informationVOIR DIRE Basic Understanding and Rules For Jury Selection in New York State Supreme Court
VOIR DIRE Basic Understanding and Rules For Jury Selection in New York State Supreme Court 2005 D. Daniel Engstrand, Jr. By D. Daniel Engstrand, Jr. Doniger & Engstrand, LLP 12 Bayview Avenue P.O. Box
More informationEthically Preparing Witnesses to Testify against Plaintiffs Reptile Theory
Ethically Preparing Witnesses to Testify against Plaintiffs Reptile Theory HENNELLY & GROSSFELD LLP 4640 ADMIRALTY WAY, SUITE 850 MARINA DEL REY, CA 90292 (310) 305-2100 www.hgla.com To Prepare or Not
More informationJury Duty and Selection
Jury Duty and Selection Introduction That unwelcome letter arrives in the mail jury duty. Many famous trial attorneys have described jurors as a group of individuals who didn't have a good enough reason
More informationLearning The Art Of Negotiation. Pennsylvania Bar Institute Summer 2014
Learning The Art Of Negotiation Pennsylvania Bar Institute Summer 2014 Scott B. Cooper, Esquire SCHMIDT KRAMER P.C. scooper@schmidtkramer.com 717-888-8888 or 717-232-6300 (t) 717-232-6467 (f) 209 State
More informationHow To Decide A Case In The Uk
1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,
More informationSmall Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm
Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION PHYLLIS BROWN v. AUGUST TERM, 1997 NO. 0787 ALBERT EINSTEIN MEDICAL CENTER, and GUY HEWLETT, M.D. ------------------------------------------------------------------------------------------------------------------
More informationMAXIMIZING DAMAGES IN A TORT CASE The Plaintiff's Perspective
MAXIMIZING DAMAGES IN A TORT CASE The Plaintiff's Perspective By David Marsh Marsh, Rickard & Bryan, P.C. Birmingham, Alabama I. PRESENTATION OF THE CASE AND PRACTICAL ISSUES The responsibility that comes
More informationCase 2:11-cv-02714-JAR Document 247 Filed 03/28/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 2:11-cv-02714-JAR Document 247 Filed 03/28/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) BOARDWALK APARTMENTS, L.C., ) ) Plaintiff, ) ) v. ) Case No. 11-2714-JAR-KMH
More informationSTANDARDS FOR CERTIFICATION OF LAWYERS SPECIALIZING IN PERSONAL INJURY & WRONGFUL DEATH Revised January 1, 2013
STANDARDS FOR CERTIFICATION OF LAWYERS SPECIALIZING IN PERSONAL INJURY & WRONGFUL DEATH Revised January 1, 2013 Pursuant to the authority vested in the Arizona Board of Legal Specialization ( BLS ) by
More informationIN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE MICHELLE TALIAFERRO, ) MARIETTA TALIAFERRO and ) KEITH TALIAFERRO, ) ) Plaintiffs, ) ) v. ) Case No. 02CV233442 ) Division 16 GREEN VALLEY
More informationNew York Law Journal. Wednesday, July 31, 2002
New York Law Journal Wednesday, July 31, 2002 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination: The Basics Ben B. Rubinowitz and Evan Torgan BODY: Cross-examination involves relatively straightforward
More informationSexual Assault of a Child VOIR DIRE QUESTIONS
ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If
More informationCivil Scheduling and Practice 6. What is the preferred method for setting a civil motions hearing, other than in open court?
Judge Contact Information 1. Please enter your name and contact information. Name: - Bradley G. Zell Email Address: - Phone Number: - 605-367-5920 Attorney Contact 2. Generally, how do you prefer attorney
More informationHow to find a personal injury lawyer
How to find a personal injury lawyer Table of contents: Introduction - page 1 The nature of personal injury cases. - page 2 How do you tell a good lawyer from a not so good one? - page 3 Where to look
More informationDISCOVERY IN A COVERAGE CASE
DISCOVERY IN A COVERAGE CASE Michael J. Mohlman Smith Coonrod Mohlman, LLC 7001 W. 79th Street Overland Park, KS 66204 Telephone: (913) 495-9965; Facsimile: (913) 894-1686 mike@smithcoonrod.com www.smithcoonrod.com
More informationIN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS
IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS KC Plaintiff ) ) Plaintiff, ) ) v. ) Case No.: 06 CV 1383 ) Defendant Doctor ) ) Defendant. ) PLAINTIFF S PROPOSED JURY INSTRUCTIONS Plaintiff submits
More informationWorking with the Physician s Counsel in Defending Off-Label Use Litigation
Working with the Physician s Counsel in Defending Off-Label Use Litigation By Gerald P. Schneeweis Morris Polich & Purdy LLP Working with the Physician s Counsel in Defending Off-Label Use Litigation By
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION
Case: 1:14-cv-00034-SNLJ Doc. #: 93 Filed: 07/01/14 Page: 1 of 6 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION DEPOSITORS INSURANCE COMPANY, Plaintiff,
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:
More information9/28/2015. Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel
Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel Peter W. Brandt, Esq. Livingston, Barger, Brandt & Schroeder, LLP, Esq. Law Offices of Pre-Suit
More informationGuide to Small Claims Court
Guide to Small Claims Court By Marcus D. Pinney Caution This guide is not a substitute for legal advice. It is published to give general information on how to sue in small claims court. Acting without
More informationTHE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
More informationColorado Criminal Jury Instruction Chapter 1:04 and Chapter 3
Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted
More informationTop Ten Ways to WRECK. Your Disability Claim
Top Ten Ways to WRECK Your Disability Claim Thank you for downloading our publication of the Top Ten Ways to Wreck Your Disability Claim. If you re taking the time to review this information, it s likely
More informationA Mediation Primer for the Plaintiff s Attorney
By: Bruce Brusavich A Mediation Primer for the Plaintiff s Attorney Making your case stand out to the other side, and what to do when they ask you to dance. Make the Defense Ask to Mediate Obtaining a
More informationNavigating Small Claims Court in Cook County, Illinois. By: Robert L. Margolis. Robinson Curley & Clayton, P.C.
Nourishing the Creative Spark! 213 W. Institute Place, Suite 403 (312) 649-4111 Phone Chicago, IL 60610 (312) 944-2195 Fax info@law-arts.org This guide is intended to give a brief overview of some aspects
More informationMSPB HEARING GUIDE TABLE OF CONTENTS. Introduction... 1. Pre-Hearing Preparation... 2. Preparation of Witness... 4. Preparation of Documents...
MSPB HEARING GUIDE TABLE OF CONTENTS Introduction........................................................ 1 Pre-Hearing Preparation............................................... 2 Preparation of Witness................................................
More information