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Jury Selection (With Help from Carl Rogers)
These are jury selection thoughts thoughts based on Carl Rogers, On Becoming a Person (1961). “In my relationships with persons I have found that it does not help… to act as though I were something...
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Walk Toward Fear
We all have fear. Fear of the unknown. Fear of failure. Fear of success. To have fear is to be alive. To have fear is to understand risk. To have fear is to know something is at stake. As a trial...
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Witness Show and Tell
Facts are subjective or objective. “Both things and events are objective facts. They exist in the public domain and are in principle accessible to all.” D. Q. McInerny, Being Logical (Random House...
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The Tao of Trial
This post takes from my last three trials, Trial Lawyer’s College, The Tao Of Pooh, and The Tao of Physics. Preparation. In any phase of trial from voir dire to closing argument it is important to...
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Cross Examination-Using Prior Statement
Here is procedure, taken from Howard Nations, on using prior statement to impeach: 1. Illicit. Get the witness to state the contradictory testimony. (Standing so witness must face jury to answer). 2....
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Medicare Set Aside Argument
Recently we settled a significant personal injury case where we addressed the issue of a Medicare Set Aside (MSA). The issue was raised by defense during settlement negotiations. Defendants argued they...
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Opening Statement-Discover the Story
A quality opening statement requires becoming one with our client’s story. Becoming one with our client’s story means feeling the emotion of our client’s story. To accomplish this we follow the...
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Learning from Thomas Merton
Thomas Merton in THE WAY OF CHUNG TZU discusses the classic Ju philosophy of Confucius. A philosophy “built on basic social relationships and obligations that are essential to a humane life and …...
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Advising Client
This is how we advise our client in a personal injury case: First, fair value cannot be obtained from the insurance company unless we can and will try the case. Second, all trials are plays, and the...
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Talking to the Subconscious Mind
Decisions are made using our conscious mind and our subconscious mind. Emotional decisions are made at the subconscious level, then justified by the conscious mind. To ignore the subconscious mind when...
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Defending the Deposition of Developmentally Disabled Client
Representing a developmentally disabled (DD) client brings considerations beyond what we typically encounter. Here is how I address the deposition without first getting a protective order. DD Defined....
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Cross Exam of Defense Forensic Economist
This cross examination discussion is from my cross examination notes in a survival action economic loss case. Forensic Economist. Agree you develop estimates for numerous variables that affect the...
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The Five Tibetans
“The human energy system is an energetic webbing that permeates the entire body. It is the system that empowers the body and energizes and enlivens the mind, providing the energetic foundation upon...
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Settling a Personal Injury Case-Case Value
Settling a personal injury case requires understanding how an insurance company views a personal injury risk. This is what I have learned in dealing with insurance companies Two Values. A personal...
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Settling a Personal Injury Case-Subrogation
Once we have agreed to settle with the negligent party’s insurance company we address the settlement proceeds. Here we deal with potential subrogation interests of our client’s insurance company. In a...
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Dress Like a Lawyer
Although many lawyers choose to practice law in casual attire. For court appearances and most matters I dress like a lawyer. This means professional attire that inspires confidence-as in a client...
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Practice Law Like a Duck
Being a quality lawyer is like being a duck: Calm on the Surface. A duck is calm on the surface but underneath the duck is paddling to keep up. Calm on the surface is the key. The quality lawyer...
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What I’ve Learned from Others
This post discusses lessons I have learned from wise people to make me a better lawyer. James A. von der Heydt. Patience and a calm demeanor. A recognition the answer is found with an understanding of...
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My Mantra
In 2010 I posted a Thought of the Week termed Philosophy of Navy Squash. This philosophy has become my mantra. I personally go through the Navy Squash motto on a regular basis, especially before and...
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Medicare Set Aside Argument
Recently we settled a significant personal injury case where we addressed the issue of a Medicare Set Aside (MSA). The issue was raised by defense during settlement negotiations. Defendants argued they...
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