Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

GOALS OF CROSS EXAMINATION Lawyers sometimes fail to prepare for cross examination in the same way they do other parts of the trial. They just launch off without any particular objective other than an impeachment they have available. They just have a general sense they want to prove the witness is wrong or a liar. Thats why cross examination is often not only unsuccessful but, boring.

Cross-Examination 113

Cross-Examination Witnesses Direct Examination Depositions 113

Plaintiff Trial Lawyer Tips

DECEMBER 26, 2024

Beginning in 1952, neuroscientist Paul D. MacLean began developing the thesis that humans have a triune brain, a part of which consists of a reptilian complex that controls the instinctive behaviors involved in survival and reproduction of the species. David Ball and Don Keenan adapted it in their 2009 book Reptile, arguing that plaintiffs attorneys should appeal to the reptilian part of the brains of jurors.

Opening Statement 113

Opening Statement Objections Jury Instructions Witnesses 113

Plaintiff Trial Lawyer Tips

DECEMBER 5, 2024

“If you’re trying to persuade people to do something, or buy something, it seems to me you should use their language.”—David Ogilvy advertising expert The Challenge of Current Attitudes The fundamental factors involved in influencing jurors’ verdicts have remained the same over time. They primarily include: (1) juror’s backgrounds – their occupation, education, socio-economic status etc. (2) juror’s past significant experiences that influence their thinking and (3) jurors strong values, opinions

Objections 113

Objections Education 113

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

The November 2024 King County Bar Bulletin had an article by jury consultants Thomas O’Toole and Kevin Boally dealing with the issue of causation and its importance in obtaining a plaintiff verdict. It was a subject I have written and lectured about to lawyers. Causation is often ignored or under emphasized by plaintiff attorneys. Too often plaintiffs proceed with the frame of mind that if they prove the harmful conduct they will receive a favorable verdict.

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Introduction The primary benefit of a checklist is that it guards against the chance of error and promotes standard approaches for steps that need to be taken in doing projects. An additional benefit is a written checklist creates a format for delegating projects to others on the trial team. Once created is available for future use and improvement. Portions of the projects could be included in a separate checklist for a paralegal or an associate.

Cross-Examination 100

Cross-Examination Exhibits Opening Statement Interrogatories 100

Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

“By failing to prepare, you are preparing to fail” Benjamin Franklin In our office, my law partner and wife, Lita Barnett Luvera, legal responsibilities included preparing clients and witness for their deposition. The other lawyers relied upon her for the preparation and she was very good at it. Lita had a procedure which she followed and has outlined for full explanation.

Depositions 100

Depositions Interrogatories Witnesses Exhibits 100

Plaintiff Trial Lawyer Tips

SEPTEMBER 27, 2024

For many years the marketing research industry has studied effective persuasion to encourage sales of every kind. Psychologists have been involved in these studies regarding words, language and illustrations used in advertising and marketing, These studies have revealed that there are particular words and phrases which have particular significance. Some of these have particular significance to trial lawyers in representing clients at trial.

Exhibits 100

Exhibits Witnesses 100

Plaintiff Trial Lawyer Tips

AUGUST 27, 2024

FOCUS STUDIES Use conservative people. Use the people you would exclude from your jury to get their evaluation of significant issues you need to deal with The triangle of motivators are (1) life experiences (2) cultural experiences and (3) imprinted codes or values from birth HUMAN MOTIVATORS OF BELIEF The common motivators are; (1) Rules are important – rules of society, safety & morals (2) Fear is powerful driver (3) Anger is a powerful motivator (4) Freedom to do & freedom to fa

Evidence 150

Evidence 150

Plaintiff Trial Lawyer Tips

JULY 18, 2024

The disastrous performance of President Biden during the recent national debate clearly indicated the wrong way to prepare and deliver a legal presentation or a public one. The most fundamental truth about the quality of such presentations is the extreme importance of impression in comparison to content. Ask yourself: “Is the uniform criticism of his presentation about the words he used or what he said?

Legal Arguments 180

Legal Arguments 180

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

There are a volume of available ideas and outlines for the discovery deposition of a medical malpractice expert including advice to not take the deposition at all in some circumstances. Here is a very basic outline, you can use as a format for your case. A. INTRODUCTION 1. Identification of attorney. 2. Important to understand question before answering.

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

Plaintiff Trial Lawyer Tips

FEBRUARY 8, 2024

There have been a number of studies and publications by the defense and insurance interests about the trend of large verdicts commonly labeled by them as “Nuclear Verdicts. The information is of interest to plaintiff lawyers. Here are some examples of this kind of information. [link] Nuclear verdicts are a relatively new phenomenon in the insurance industry.

Voir Dire 100

Voir Dire Media and Entertainment Courtroom Tactics Jury Selection 100

Plaintiff Trial Lawyer Tips

FEBRUARY 27, 2024

There are some fundamental legal concepts about damages that should be incorporated in most personal injury damage cases. Some of the more important ones include a factual introduction followed by a clear overview of the law of damages. It is important the jury understands there is only one trial to cover the past, present and the future of damages.

Opening Statement 100

Opening Statement Voir Dire Burden Of Proof Jury Selection 100

Plaintiff Trial Lawyer Tips

MARCH 15, 2024

A common defense in medical malpractice cases is to assert the cause of the injury was an unintended outcome following medical judgment regarding acceptable choices between alternative medical judgments. Some states, like Washington, approve a jury instruction on this concept. Washington Pattern Jury Instruction 105.08 “Exercise of Judgment” provides: “A physician is not liable for selecting one of two or more alternative [courses of treatment] [diagnoses] , if, in arriving at the judgment to [f

Jury Instructions 100

Jury Instructions Cross-Examination Manufacturing 100

Plaintiff Trial Lawyer Tips

APRIL 4, 2024

A price war between McDonald’s and A & W fast food restaurants has a lesson for trial lawyers about the importance of describing trial issues or “framing.” A&W was the first-ever chain restaurant in America. By the 1970s, A&W had more locations open than McDonald’s. It was founded in 1919 in Kentucky and is the oldest chain restaurant in America In 1948 Maurice and Richard McDonald opened the first self-serve McDonald’s in San Bernardino, California.

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Plaintiff Trial Lawyer Tips

APRIL 19, 2024

It was my policy over my 50 years of representing plaintiffs to refuse to agree to any form of confidentiality as an imposed requirement of settlement by a defendant. My policy was that clients were free to keep the information personally confidential and from media or public disclosure if they wanted to do so, but the defendant could not require it as a condition of settlement.

Mediation 100

Mediation Objections Insurance 100

Plaintiff Trial Lawyer Tips

MAY 3, 2024

Dr. Ken Broda-Bahm writes a blog Your Trial Message which is directed to the defense bar. However, his insights are often accurate and helpful to understand. His focus recently has been on the concept of using the “Reptile” approach by plaintiff lawyers. In his April 9 th post recently, he wrote: “The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors.

Cross-Examination 100

Cross-Examination Witnesses Manufacturing Litigation 100

Plaintiff Trial Lawyer Tips

MAY 21, 2024

The King County Bar Bulletin, [link] publishes a column by Thomas M. O’Toole, Ph.D. & Kevin R. Boully, Ph.D, trial consultants. A recent issue featured their ideas in a column titled Escaping “Lawyer Brain” in Jury Presentations. It dealt with “developing a communication style that resonates with jurors, one that is both persuasive and engaging.

Evidence 100

Evidence Opening Statement Litigation Witnesses 100

Plaintiff Trial Lawyer Tips

JUNE 7, 2024

Trial lawyers generally over try their cases and talk to too much. It’s a mistake. Jurors of today have short attention spans and respond to messages that get to the point. Here are examples of what I think demonstrates how a brief, simple message can be very powerful. They are not long. They are not detailed, but they tell a story and do so in a simple well-crafted manner.

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