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| Deposition arguing is never good |
Her blog on it is located here Proper Deposition Objections. It's a good refresher reading.
Ron Burdge
Helping Lawyers Win Cases Since 1978
Wednesday
What Objections Are Proper in a Deposition?
Her blog on it is located here Proper Deposition Objections. It's a good refresher reading.
112 Best Business Books Collection
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| Internet Marketing Expert Andrew Lock |
A sought after speaker who pratically invented the video podcast business (with a title like "Help, my business sucks" how could he lose?), for several years we have talked about his amazing and remarkable knowledge of the marketing process and his incredible grasp of using the internet (and much more) for marketing.
Want to know how he got so smart? Well, maybe it had something to do with his personal library of the very best business books written by the very best people.
If you also read business books, like us, and just don't have the time to see what's new unless you are walking through an airport - here's your chance to get a peek inside his library. Heck, you can walk away with 112 of his best books if you want.
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| Andrew Lock's 112 Best Business Books Up For eBay Bids |
Andrew has boxed up 112 of the best business books he has ever read and put them on eBay. They just went up and for about a dime a book, you can get the best business books written by the best business minds in the country. The current bid is less than $12 (as of Nov 21, 2012) and there are 6 days before the sale closes.
We've got some of these books and have read others in his collection but certainly not all of them. We highly recommend bidding on the Andrew Lock Business Books Collection. And if you get them, you'll have lots to read every time you get on a plane - and you won't have to stop in the bookstore and pay publisher prices to do it.
Ronald L Burdge
Helping Lawyers Run Their Business for Over 30 Years
Tuesday
Is Big Money Buying Votes Today?
With so much "new" money being thrown at the election this year, one thing is very clear.This will be the year when we all learn whether or not the 1% can buy an election with their money. Whether it is true that if you say it often enough and loud enough, people will believe it - whatever "it" may be.
Or, if the people who vote are smart enough, and tenacious enough, to ignore all the negative advertising and just figure out on their own who the best person is for the job of helping them live their lives every day and fulfill their dreams for their families tomorrow.
In one country we know of, by law all the advertising stops two weeks before the election. All the rhetoric dies down. Calmness tries to return. Rational thinking has a chance to take over.
Given the literally hundreds and hundreds of millions of dollars that the "superpacs" have thrown behind the politicians they want us to elect for ourselves, but really just to help them out, shutting off the advertising machine is not that bad an idea. Calm, rational thinking sanity would have a chance to return.
No one can be sure what this election cycle will prove. Not today. Not in the near future either. But one thing is for sure. Only a politician can say that corporations are people. They are not. They are a legalistic imaginary creation. They are not a bad thing. They are not a good thing. They are just a thing.
Legalistic imaginary Things should not be able to buy our vote. We hope they don't buy your vote today.
Ronald L Burdge
Helping Attorneys Help Clients, for More Than 25 years
Thursday
Things a Lawyer Can and Can't Do
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| Ethical Things That Lawyers Can and Can't Do |
There are some new cases from the Ohio Supreme Court that came out today, dealing with failures to comply with ethical obligations by Ohio attorneys and they serve as a reminder to all attorneys, in and outside of Ohio. Since the same old things happen, it might be good to take a few hints from these recent suspensions.
Attorney Fee Agreements. While most states still do not require a written fee agreement in an hourly rate case, that isn't the case with a contingency fee case. Regardless of that, though, why take a chance on a misunderstanding? Last time we heard, most grievances occur for two reasons - lack of regular client communications and fee disputes. Put it in writing may not be the rule but it is the smart thing to do. 2012-Ohio-5012 (failing to use a written contingency fee agreement; failing to register for electronic filing with Court where case is pending).
Continuing Legal Education. This is a no-brainer - and you would think that it takes brains to get through law school and pass the bar exam, so this should never be a problem. But it continues to result in hundreds of suspensions every year across the country. You have to comply with your state's continuing legal education requirements. No if's. No but's. No way around it. 2012-Ohio-5004 (failing to maintain continuing legal education requirements).
Giving Legal Advice While Suspended. Another no-brainer. It is hard to understand how this one can happen by any intelligent person, let alone a lawyer, but apparently it can. 2012-Ohio-5004 (giving legal advice while suspended).
Failure to Cooperate. If you get a letter from the Bar Grievance Committee, ignore it at your own peril. Merely failing to cooperate with an investigation is, all by itself, grounds for disbarment or suspension. 2012-Ohio-5004 (failing to cooperate with investigation).
Trust Account Screw-ups. Okay, so you have a Trust Account. Now use it. And use it right. Don't just throw all the cost deposits and settlement money in and figure it out later. And messing with it? You think the bank doesn't have records? If the Bar investigator doesn't get a straight answer from you, it doesn't take much to get the bank records and figure it all out - without much any help from you at all. Keep precise and accurate Trust Account books. Balance them regularly. Know how much each client has in the Trust Account. Oh, and keep your own money out of it. 2012-Ohio-5014 (failing to reconcile Trust Account monthly; failing to maintain individual client records of Trust Account funds).
Practicing law can be fun (and profitable too), but not if you spend your time dealing with ethics complaints too.
Ronald L Burdge
Helping Lawyers do Their Best, for Over 30 Years
Wednesday
Kentucky - the Only Bar Assn to Offer Free CLE
We belong to the State Bar Associations in both Kentucky and Ohio, along with a number of local bar associations. Kentucky, however, is unique in what it gives back to its members.
In a time of tightening budgets, Kentucky's judicial centers have suffered the same budget cuts as other states, if not worse. 282 employees statewide were cut, $25.2 million cut from the Judicial Branch funding, and repeated trimming. They even imposed three furlough days during 2012 when all non-elected court personnel stayed home and offices closed.
But the state Bar Association continues to do the one thing they have done for years for their members. Free CLE.
Like other states, Kentucky has a mandatory continuing legal education requirement - but with a difference. They also give an annual Fall program that meets the CLE requirements for free to KBA members, the Kentucky Law Update. It is a remarkable member benefit in these continuing tight times for the legal profession.
The program goes back to 1984 and is presented annual in various cities across the state so it is convenience for all bar members. It is designed to be of value and use to all members, regardless of their years in practice. It is a terrific member benefit.
You may think that membership dues for KBA must be a lot higher than other states, right? Wrong. It is actually just a few dollars apart from our Ohio State Bar Association membership dues ($305 in Ohio, $310 in Kentucky) - where there is no free CLE for members. So five bucks gets you all the CLE you need, including ethics. That's a bargain.
It seems obvious but also seems to be ignored - the fact that CLE programs are often presented by association members who get paid nothing for their effort (although they do get "bonus" teaching CLE credits), so why doesn't EVERY state and local bar association do what Kentucky does? You'll have to ask your state and local bar associations that question.
This is one area of a lawyer's life where Kentucky does it better than the other 49 states, without a doubt. But for those of us who are also Kentucky lawyers, we just smile.
In a time of tightening budgets, Kentucky's judicial centers have suffered the same budget cuts as other states, if not worse. 282 employees statewide were cut, $25.2 million cut from the Judicial Branch funding, and repeated trimming. They even imposed three furlough days during 2012 when all non-elected court personnel stayed home and offices closed.
But the state Bar Association continues to do the one thing they have done for years for their members. Free CLE.
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| It's All the CLE You Need and it's Free. |
The program goes back to 1984 and is presented annual in various cities across the state so it is convenience for all bar members. It is designed to be of value and use to all members, regardless of their years in practice. It is a terrific member benefit.
You may think that membership dues for KBA must be a lot higher than other states, right? Wrong. It is actually just a few dollars apart from our Ohio State Bar Association membership dues ($305 in Ohio, $310 in Kentucky) - where there is no free CLE for members. So five bucks gets you all the CLE you need, including ethics. That's a bargain.
It seems obvious but also seems to be ignored - the fact that CLE programs are often presented by association members who get paid nothing for their effort (although they do get "bonus" teaching CLE credits), so why doesn't EVERY state and local bar association do what Kentucky does? You'll have to ask your state and local bar associations that question.
This is one area of a lawyer's life where Kentucky does it better than the other 49 states, without a doubt. But for those of us who are also Kentucky lawyers, we just smile.
Ron Burdge
Helping Lawyers Help People, Everyday
Thursday
Getting the Judge to Yes, Part 1
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| A happy judge is a friendly judge |
When it comes to getting a trial judge to say and do the things that help you press opposing counsel to settle with you though, the judge may not start out believing in the merits of your side of the case and he/she may never get there without your help. The time for you to start that process is not when you are first standing in front of the judge.
If they don't understand the reasoning behind the law or at least emotionally sympathize with your case or your client, you'll have a tough time from start to finish. While you may think that appellate judges may be smarter about the Law in some respects, and that may help you post-verdict, the simple truth is that a settlement sooner had means settlement money of more immediate use - and that can be valuable to both you and your client. It also makes your life easier.
Getting the judge on your side starts first with drafting the Complaint in a way that is reader-friendly and rouses emotional appeal of the reader, be it the judge, a clerk, or a local reporter cruising through the clerk's office that day just looking for something to write about. Remember, the Complaint is the one document in a case file that many judges will actually read, sometimes before an Answer is even filed (besides, the Answer hardly ever really says anything meaningful or detailed anyway).
You might as well make your Complaint interesting and take advantage of the opportunity to educate and entertain. Your goal is to make the reader finish reading it and say to themselves "what the defendant did here is just wrong."
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| Law is Generally Rooted in Morality |
Notice that I said both info and facts. The facts tell the story of what happened but it is the info that explains why what happened is also a moral wrong. You need both of them to tell a persuasive story of wrongful conduct.
The first few paragraphs of your Complaint is not the time to lead the horse to water and then cross your fingers and hope that they will figure it out. Be blunt. Be complete.
One of the best opening paragraphs I ever read in a Complaint sounded like the opening few minutes of a 60 minutes story or one of those (real) news magazine shows like 20-20 or something, using plain ordinary words that casually led me to the writer's reality. I grabbed my attention from the start and at the end of it, I knew who was right and who was wrong.
There's an old newspaper rule that can help you and it says that the first paragraph of any story should tell the reader who, what, when, where, why, and how. That can help you cover the bases but it shouldn't be your goal and you may not want to always include the 5 w's in paragraph one.
With that in mind though, the first paragraph of your Complaint should grab the reader and explain the basic thrust of your case in an emotional way that cries out for justice. Avoid reciting the law, legal citations, and legalese in the first few paragraphs - there's plenty of time for that later. And forget about the elements of a cause of action when you write those first paragraphs - that has nothing to do with it. Think of it as you would your closing argument or opening statement. You want to tell your story and say it in a way that makes them agree with you and your side of the case - very, very quickly and very, very strongly.
That's why we think the opening paragraph should focus on the moral and emotional aspect of the facts at hand and do it in a way that makes the judge decide right away that if what you say is true then you should win the case. We all know that judges can find the law (or the reason) to let you win if they want to do so - you just have to make them want to do so.
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| An angry judge is not good for you |
During the pretrial and conferences later on, you can talk all you want about statutes and social goals, legislative intent, etc, but at the end of the day you have to have the judge on your side or your life in the courtroom can get very, very difficult for you and for your client.
And it all starts at the beginning - before you ever enter the courtroom.
Come back soon for tips on what to do if your case is already going on - more to come.
Ronald L Burdge
www.TheLawCoach.com
Helping Lawyers Win Cases, for Over 30 Years
www.TheLawCoach.com
Helping Lawyers Win Cases, for Over 30 Years
Monday
You Have to Hold Hands With Your Client Once in Awhile
Client Satisfaction matters for the simple reason that people don't hire attorneys that they don't "connect with" from the start. And they don't continue to use an attorney who neglects them during their relationship. And, of course, clients don't return to an attorney with a new case if they are dissatisfied with the way they were treated during their last case.
How does an attorney keep his clients satisfied with the attorney's work on their case? During a recent coaching session that issue came up - maintaining a high level of client satisfaction and avoiding client dissatisfaction. It's a recurring question as the profession continues to have an influx of new attorneys - especially with less mentoring going on than ever.
A good attorney client relationship is the very reason that some attorneys get new clients and why old clients return to them when they need legal help.
Here are 4 tips that can help maximize the satisfaction your clients get in the attorney-client relationship with you.
Talk to your client. Both on the phone and in the office, wherever possible. When contacting a client, the phone should be the first choice. A letter (where time allows) should be the second choice. And email should be your last choice - one to be avoide whenever possible. Case status discussions and strategy sessions with the client need to occur so that the client can see and feel and understand that you are doing your work. Clients need to know that you are mounting your prosecution effort to not just win their case but to also undermine their opponant's side of the case. They need to know that you are on their side from the start and all the way through to the end. You may think they know it (after all, that's what they hired you for), but long passages of time with no communication from you will undermine the confidence they had at the start. Find an excuse to telephone every client at least once every few weeks.
Give them updates. Clients get busy in their daily life and so do we. The difference is that the attorney needs to make sure that the client knows (and sees) that it is their case that is making us busy - that we are working for them constantly. That means periodic updates throughout the handling of their case. You can send letters, emails, case documents, etc. That helps the client see that you have not forgotten their case (even if they haven't gotten a call or a letter from you in a few weeks) and it helps to move their case along through the legal process too. Both of those are exactly what you were hired to do. Working on the client's case, without the client hearing from you, leaves your client in the dark and clients who are left in the dark become upset. An upset client soon feels excluded from their own case and its process. That, in turn, breeds distrust and fear. That can result in the client feeling that you, their own attorney, is just a part of the same legal process that is "getting me nowhere" and "only costing me more money."
Make the client part of your team. Involve your client in every aspect of the case that you can. Give them a role in the case besides being a party to it. They can do internet investigations for you of all the players in the case - the witnesses and parties and experts, etc. It saves you time and saves the client money, both of which benefit the client and the client's case. More importantly, it can help you make sure that you understand what is the most important evidence in the client's case and why. Including the client in your brainstorming and decision-making processes helps them understand what is going on, how they can fit into servicing the case, and what each member of your team is doing to win their case. The client is often the attorney's most important witness. No one knows better what happened to them and what the perceived social wrong is that they want addressed. It is their case and the client needs to have a voice in it and the attorney needs to listen to that voice.
Empathize with your client. No one likes being neglected, left alone, or being misunderstood. Clients, especially. Every once in awhile, when it has nothing to do with the case, ask your client how they are doing and what's going on. A client is a human being with the normal concerns, life, and feelings that you and everyone else has. They need to know that you care about their case, sure, but also that you care about them and their family and how the case is impacting their family. You don't have to always have the answer to the emotional side of their dispute, but just listening to a client can go a very, very long way to cementing a good attorney-client relationship. Most important, knowing what your client is going through is a terrific way to understand the effect that the dispute itself has caused on your client and their family. There is an emotional componant to every civil case, no matter what it is about. An attorney can not understand their case and present it with maximum impact on a Jury, until they understand what the emotional impact has been on their own client. Some clients don't like to talk about it or even think about it. But the attorney needs to know what it is. Jury render decisions based on feelings as much, if nor more, as they do on cold logic and reasoning.
You can see that good client communication is the key an attorney's success. With it, your clients value your work for them, appreciate your talent and skill, and recommend you to their friends and family. Without it, failure is nearly guaranteed.
Ron Burdge
How does an attorney keep his clients satisfied with the attorney's work on their case? During a recent coaching session that issue came up - maintaining a high level of client satisfaction and avoiding client dissatisfaction. It's a recurring question as the profession continues to have an influx of new attorneys - especially with less mentoring going on than ever.A good attorney client relationship is the very reason that some attorneys get new clients and why old clients return to them when they need legal help.
Here are 4 tips that can help maximize the satisfaction your clients get in the attorney-client relationship with you.
Talk to your client. Both on the phone and in the office, wherever possible. When contacting a client, the phone should be the first choice. A letter (where time allows) should be the second choice. And email should be your last choice - one to be avoide whenever possible. Case status discussions and strategy sessions with the client need to occur so that the client can see and feel and understand that you are doing your work. Clients need to know that you are mounting your prosecution effort to not just win their case but to also undermine their opponant's side of the case. They need to know that you are on their side from the start and all the way through to the end. You may think they know it (after all, that's what they hired you for), but long passages of time with no communication from you will undermine the confidence they had at the start. Find an excuse to telephone every client at least once every few weeks.
Give them updates. Clients get busy in their daily life and so do we. The difference is that the attorney needs to make sure that the client knows (and sees) that it is their case that is making us busy - that we are working for them constantly. That means periodic updates throughout the handling of their case. You can send letters, emails, case documents, etc. That helps the client see that you have not forgotten their case (even if they haven't gotten a call or a letter from you in a few weeks) and it helps to move their case along through the legal process too. Both of those are exactly what you were hired to do. Working on the client's case, without the client hearing from you, leaves your client in the dark and clients who are left in the dark become upset. An upset client soon feels excluded from their own case and its process. That, in turn, breeds distrust and fear. That can result in the client feeling that you, their own attorney, is just a part of the same legal process that is "getting me nowhere" and "only costing me more money."
Make the client part of your team. Involve your client in every aspect of the case that you can. Give them a role in the case besides being a party to it. They can do internet investigations for you of all the players in the case - the witnesses and parties and experts, etc. It saves you time and saves the client money, both of which benefit the client and the client's case. More importantly, it can help you make sure that you understand what is the most important evidence in the client's case and why. Including the client in your brainstorming and decision-making processes helps them understand what is going on, how they can fit into servicing the case, and what each member of your team is doing to win their case. The client is often the attorney's most important witness. No one knows better what happened to them and what the perceived social wrong is that they want addressed. It is their case and the client needs to have a voice in it and the attorney needs to listen to that voice.
Empathize with your client. No one likes being neglected, left alone, or being misunderstood. Clients, especially. Every once in awhile, when it has nothing to do with the case, ask your client how they are doing and what's going on. A client is a human being with the normal concerns, life, and feelings that you and everyone else has. They need to know that you care about their case, sure, but also that you care about them and their family and how the case is impacting their family. You don't have to always have the answer to the emotional side of their dispute, but just listening to a client can go a very, very long way to cementing a good attorney-client relationship. Most important, knowing what your client is going through is a terrific way to understand the effect that the dispute itself has caused on your client and their family. There is an emotional componant to every civil case, no matter what it is about. An attorney can not understand their case and present it with maximum impact on a Jury, until they understand what the emotional impact has been on their own client. Some clients don't like to talk about it or even think about it. But the attorney needs to know what it is. Jury render decisions based on feelings as much, if nor more, as they do on cold logic and reasoning.
You can see that good client communication is the key an attorney's success. With it, your clients value your work for them, appreciate your talent and skill, and recommend you to their friends and family. Without it, failure is nearly guaranteed.
Ron Burdge
Helping lawyers win cases for more than 30 years.
Sunday
Naca 2012 AutoFraud Conference Ends as Attorneys Depart Clearwater Beach
There were lots of terrific strategies discussed at this year's biennial Naca AutoFraud Conference, held this year in Clearwater, Florida.
Highlights were too many to mention but it was a great time for learning new strategies and tactics for helping consumers who were victims of car dealer fraud. Between 60-70 lawyers gathered from all across the country for three days of day-long intensive learning sessions.
Naca once again proved its portance to members and consumers as it hosted the training and refresher courses. A big thanks to all the speakers who gave their time to benefit all attendees.
The annual NCLC Consumer Rights Litigation Conference comes up next, scheduled to be held in Seattle in the Fall.
Highlights were too many to mention but it was a great time for learning new strategies and tactics for helping consumers who were victims of car dealer fraud. Between 60-70 lawyers gathered from all across the country for three days of day-long intensive learning sessions.
Naca once again proved its portance to members and consumers as it hosted the training and refresher courses. A big thanks to all the speakers who gave their time to benefit all attendees.
The annual NCLC Consumer Rights Litigation Conference comes up next, scheduled to be held in Seattle in the Fall.
Ron Burdge
www.TheLawCoach.com
Helping lawyers win cases for over 30 years
 |
| Clearwater Beach Skyline, Florida, Site of 2012 National Association of Consumer Advocates' AutoFraud Conference |
NACA's 2012 Autofraud Conference Will Focus on Trial Practice
The 2012 Autofraud Conference will take place August 3-5 in Clearwater, Florida. Every two years the National Association of Consumer Advocates gathers some of the best car sales fraud and lemon law attorneys in the country for this national conference.
This year the conference will start off with a two hour nuts and bolts session, followed by two solid days of strategies and tactics and tips for trial work. Sessions will cover all aspects of civil trial work in detail.
Dana Manner, one of Miami's best Naca lawyers and members, will join me to present a special breakfast session on "What Autofraud Lawyers Need to Know About Avvo" and will include marketing tips for Consumer Law attorneys with a special focus on Avvo.com and what it offers to Consumer Law and Lemon Law lawyers for free. Dana wrote a great blog about the session (click here). It should be a great session over coffee and pastries.
If you handle Lemon Law or car sales fraud cases, this is the one conference you can't miss. Contact Chelsea@Naca.net for registration details.
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| Dana Manner |
Dana Manner, one of Miami's best Naca lawyers and members, will join me to present a special breakfast session on "What Autofraud Lawyers Need to Know About Avvo" and will include marketing tips for Consumer Law attorneys with a special focus on Avvo.com and what it offers to Consumer Law and Lemon Law lawyers for free. Dana wrote a great blog about the session (click here). It should be a great session over coffee and pastries.
If you handle Lemon Law or car sales fraud cases, this is the one conference you can't miss. Contact Chelsea@Naca.net for registration details.
Ron Burdge
Helping Lawyers Win Cases For Over 30 Years
Friday
Changes Coming in the Ohio Rules of Civil Procedure
All the rule changes will take effect July 1, 2012.
The Ohio Rules of Civil Procedure have been amended in various places and most of the changes seem relatively minor but listed below are the significant changes that Ohio attorneys need to be aware of. Of course, attorneys in Ohio are encouraged to read the full text of all changes.
COMMERCIAL SERVICE OF PROCESS ALLOWED. Service of process (summons and complaint) can now be set up via a commercial service and not just the US mail, as long as the server returns a document showing who, when, and where the party was served. See Rule 4.1 thru 4.5
THE “MAIL BOX RULE” APPLIES TO COMMERCIAL SERVICE. When service is perfected by a commercial service, 3 days is added to any required response time. See Rule 6(D)
ATTORNEY OR PARTY EMAIL ADDRESSES. Any attorney, or a party acting without an attorney, who files a pleading in court must always include their fax number and email address. See Rule 11
DISCOVERY OF EXPERTS. The rules on expert witness discovery and early drafts of reports by experts have been changed to conform to the federal rule. See Rule 26(B)
DISCOVERY SERVICE ELECTRONICALLY ONLY.
- Interrogatories need only be served electronically now. See Rule 33(A)
- Requests for admission need only be served electronically now. See Rule 36(A)
- Deposition subpoenas may only require a witness to appear in their home county. See Rule 45(A)
SUBPOENA APPEARANCE. Trial subpoenas may require a witness to appear anywhere in the state where a trial or hearing takes place. See Rule 45(A)
JURORS. Trial courts now have discretion to hold alternate jurors while the jury deliberates instead of discharging them. See Rule 47(D)
The complete text of changes to all rules appears in the Ohio State Bar Association Report, aka “the green book,” dated May 21 (Vol. 85 #21) and can also be found from the link on the top left margin at this internet page: http://www.ohiocourtlinks.org
Ron Burdge
Helping Lawyers Win Cases since 1978.
Tuesday
What Movies Teach Us About Trial Practice - Part 3
We've been writing about trial tactic tips that we picked up from the movies, after seeing The Deep Blue Sea recently. The movie had lots of style but it was the trial tactic lessons that can be learned from the film that made it a real stand-out to us.
Another subtle point made in the movie, and this is our third tip in this series, and which can help your next Opening Statement is to bring the storyline full circle. Doing the same thing with your trial presentation can make your case a winner.
You can use that natural story flow to satisfy your Jury that your presentation of the evidence is the truthful one in your trial. How? By bringing it full circle.
When you get to the end of your case, it often can drive the point home even harder if that ending moment takes the Jury right back to the beginning again. That's exactly why your Closing Argument should echo back to what you said in your Opening Statement. But you can do much more. You can also make sure that your last witness, and your last question, reminds the Jury of the case theme you announced at the beginning. Give them the last piece of the puzzle.
Perhaps the best use, however, is to bring the Jury right back to the injustice that you pointed out at the beginning of your case. That tells the Jury that unless they change the ending, what the defendant did in your case will be repeated again and again. It can be a powerful way of nudging the Jury to make the world right by giving your client a verdict. By doing so, you are giving the Jury both the opportunity and the incentive to make the needed change. The Deep Blue Sea is a film that does that too.
The movie opens with a slow pan of an old home in London in the 1950's as night falls. A woman walks out the front door and puts milk bottles down on her doorstep for the milkman to pick up the next day. A man finishes smoking his cigarette and flips it into the street and goes back inside. The camera pans up and there in a dark window, seen from the night outside, is the shadow of a woman peering out into the dark. The scene sets the stage to know that life outside that room may be normal but something inside that room is dark and ominous.
At the end of the movie, a woman is shown looking out that window. The camera shows her in daylight and pans out and down to reveal last night's smoker leaving his apartment for work, the woman coming out to retriev her now-full set of milk bottles to start the day, and the camera pans right to reveal the shambles of a building next door as people begin to come out into the street. It is the exact opposite of how the movie started. We see life on the street returning to normal again as the movie has come full circle. We know that life inside that upstairs room is still not normal, but we are satisfied that life as we see it is returning to normal.
The "moral" of your case, the theme if you wish to call it that, always should be set out in your Opening Statement clearly in the first few minutes of your presentation and repeated at the end of it. And in your Closing Argument, bring the Jury full circle by bringing them back, subtly but earnestly, to that again. A story well told is one that has a beginning, a middle and an end. You can mix the parts up somewhat to add drama, but be careful you don't lose the Jury in the process. And always bring them back home again.
The first tip in this series was putting the end at the beginning, a way of mixing up the chronology of your opening statement in a way that can add drama and capture the Jury's attention from the very start.
The second tip explained the value of planting an Easter Egg in the evidence that allows your Jury to discover evidence in your favor without you leading them to it. After all, the truth of your case that the Jury discovers on its own will be far more compelling to them than anything the lawyers overtly say or do.
Another subtle point made in the movie, and this is our third tip in this series, and which can help your next Opening Statement is to bring the storyline full circle. Doing the same thing with your trial presentation can make your case a winner.Have you ever heard a story or seen a movie that just comes to an end without really wrapping up the story with a conclusion? Did it leave you wondering what happened next? Well, human nature hates an incomplete story. It just isn't natural.
From childhood we are taught that every story has a beginning, a middle and an end. Remember? The Big Bad Wolf gets it in the end. Hansel and Gretel escape and win out. Sleeping Beauty wakes up and all is well in the world.
You can use that natural story flow to satisfy your Jury that your presentation of the evidence is the truthful one in your trial. How? By bringing it full circle.
When you get to the end of your case, it often can drive the point home even harder if that ending moment takes the Jury right back to the beginning again. That's exactly why your Closing Argument should echo back to what you said in your Opening Statement. But you can do much more. You can also make sure that your last witness, and your last question, reminds the Jury of the case theme you announced at the beginning. Give them the last piece of the puzzle.
Perhaps the best use, however, is to bring the Jury right back to the injustice that you pointed out at the beginning of your case. That tells the Jury that unless they change the ending, what the defendant did in your case will be repeated again and again. It can be a powerful way of nudging the Jury to make the world right by giving your client a verdict. By doing so, you are giving the Jury both the opportunity and the incentive to make the needed change. The Deep Blue Sea is a film that does that too.
The movie opens with a slow pan of an old home in London in the 1950's as night falls. A woman walks out the front door and puts milk bottles down on her doorstep for the milkman to pick up the next day. A man finishes smoking his cigarette and flips it into the street and goes back inside. The camera pans up and there in a dark window, seen from the night outside, is the shadow of a woman peering out into the dark. The scene sets the stage to know that life outside that room may be normal but something inside that room is dark and ominous.
At the end of the movie, a woman is shown looking out that window. The camera shows her in daylight and pans out and down to reveal last night's smoker leaving his apartment for work, the woman coming out to retriev her now-full set of milk bottles to start the day, and the camera pans right to reveal the shambles of a building next door as people begin to come out into the street. It is the exact opposite of how the movie started. We see life on the street returning to normal again as the movie has come full circle. We know that life inside that upstairs room is still not normal, but we are satisfied that life as we see it is returning to normal.
The "moral" of your case, the theme if you wish to call it that, always should be set out in your Opening Statement clearly in the first few minutes of your presentation and repeated at the end of it. And in your Closing Argument, bring the Jury full circle by bringing them back, subtly but earnestly, to that again. A story well told is one that has a beginning, a middle and an end. You can mix the parts up somewhat to add drama, but be careful you don't lose the Jury in the process. And always bring them back home again.
Ron Burdge
Helping lawyers help people
What movies teach us about trial strategy, part 2
The Deep Blue Sea is a fascinating movie that you may have to search out to find on a big screen near you right now. If you watch it for its style you'll learn a lesson or two (maybe more) about trial tactics. Style? Trial tactics from movie style? Here's part two about what we mean.There's lots to talk about, but let's take a look at the second of three trial tactic lessons from this film that you can think about adapting to your next trial's Opening Statement for example.
Our second tip? Plant a not-too-obvious Easter Egg and let the jury find it on their own.
One of the unique aspects of movies is that very often there are seemingly pointless scenes in a movie that are never fully explained by the end of the film. These scenes, however, serve a purpose. Every movie has an obvious plot and then there are the not-so-obvious scenes that actually contribute to the plot but not in an apparent way. You have to think about them. These are the Easter Eggs.
In computer parlance, the techies who wrote computer code (and which became the computer games of our youth) often would plant code inside the game as a surprise for the game players - sort of an inside joke for those who knew it was there. Well, we're talking about taking the same approach with your next jury, but in a much more serious way.
The idea is to give them something that is not terribly obvious but which some of the jurors will begin to think about and work into the unfolding case facts during the trial. In other words, let the jury find greater meaning in your case by discovering it on their own. But to encourage that discovery process, you often will need to plant an Easter Egg - a simple fact or statement or bit of evidence that may lead one or more of the jurors to begin to think on their own. The risk, of course, is that they may not go the direction you want them to. And that is why you need to be careful that your Easter Egg directs the jury to where you want them to go.
Back to the move, as an example.
There's a scene, also relatively early in the move, where the heroine (if that is what she is) is looking at her boyfriend and the camera focus on him as he says that what he told her was not a line and that he really meant it. Then, just as abruptly as it went into the scene, the film cuts away to another scene. There is no explanation for what the scene has to do with the plot at all. It is only later, with a lot of thought, that the view realizes that the scene is the moment in the lives of these two people that they first fell in love with each other. You don't get that from the movie scene itself, though. Only when you look back on it, through the understanding of the rest of the plot, can you realize what that scene meant to the storyline of the movie.
Now, here's an example of an Easter Egg in a prior auto sales fraud trial. Among the documents in evidence was the sales contract and the dealer's finance contract. No one paid much attention to the itemization of the charges on them which was placed there by the car dealer who had ripped off the consumer. But in the consumer's Opening Statement, the remark was made that the car dealer had gouged the consumer with bogus charges and fees, although the focus of the case was the fact that it was an undisclosed wrecked car that had not been repaired right. The focus of the case, according to the attorneys of both sides, was the damage that had been badly repaired on the car. But the Easter Egg was not that.
The sales contract included the state sales tax and when the total was written into the finance contract, the dealer added the state sales tax back on it again. In the Jury Room, one of the jurors pointed it out and that single, small fact fueled the easier-to-find fraud that permeated the case and also fueled the degree of punitive damages they jury felt was needed to curb this car dealer and warn others. It was not the focus of the case for the attorneys, but it was the obvious example of the fraud to the jury because it was black and white and indisputable. It was an Easter Egg waiting to be discovered.
Even if it isn't Easter-time, the result could be a Christmas present for your client. Next week, the final instalment of what movies can teach us about trial strategy - and another trial practice tip you can use.
Ron Burdge
Helping lawyers helping clients
What movies teach us about trial tactics, part 1
There's lots to talk about, but let's take a look at the first of three trial tactic lessons from this film that you can think about adapting to your next trial's Opening Statement for example.
First, the movie starts out near the end of the storyline, a technique worth thinking about the next time you plan your Opening Statement. Many times an attorney will use the Opening to tell the facts of their case as a story, commonly following a chronological storyline of what happened first, then second, and so forth. The theory behind it is that this logical progression through time is an easily recognizable and natural flow for most people to follow and understand because it is the way we live our lives. That's true, but it's not always the most dramatic and riveting way to get someone's attention or to hold it.
The movie is a good example of what we mean. In the movie, in a matter of minutes we are taken to a scene of the heroin's intended act of suicide. Knowing nothing about the character, we are quickly hit with natural questions - all related to how this beautiful woman got to that obviously wrenching point in her life. We want to know more. And that's the whole point of putting the ending at the beginning.
Without knowing that it's the ending, when first observed the viewer is taken aback and, quite often, shocked. How could a movie start with something so shocking and not tell us what led up to this? If this is the start, where is it going? What is going to happen next?
The illogical placement of the movie's "end" at the beginning literally pulls the viewer into the movie. It makes us want to know more because the human mind craves to make sense of the senseless, to make logical that which is illogical. Because of that, this movie pulls you into it from the very start, almost forcing you to ask all the questions that the writer (and director) have yet to answer. And when the viewer hears and sees those answers, it satisfies the uneasy heart with a contentment that is unequaled and ingratiates the viewer to the one who provided those answers (the one who made sense of the world around us).
If you understand that part of human nature, you have an opportunity to take advantage of it in your next trial - because the very illogical nature of it makes it something that most attorneys are ignorant of and ignore even when they are aware of it. The seemingly illogical start of the film is your grand opportunity in a courtroom.
A clever construction of your next Opening could do exactly the same thing to your "viewers" - those people sitting in the jury box. If your chronological story has a dramatic conclusion at its end, then for your Opening Statement think about the possibilities that can open up if you can move the end to the beginning of your Opening instead.
Not only will it take the jury by surprise and draw them into your story, but it will likely strike your opposing counsel as illogical, senseless, and lull them into a complete misperception of what is occurring before their very eyes. With the end at the beginning, they may well perceive your story as confusing the jury - while all the while it is telling the story of your case precisely as you wish it to be, i.e., dramatic, compelling, and enrapturing.
Let’s take an actual wrecked car case (not disclosed at date of sale by local selling dealer). Owner and family are later driving down the road at night, on their way home from out of state family trip, when a deer jumps out and the car hits it, wife screams, kids scream, deer bounces off bumper to hood to windshield and over car, causing damage everywhere it hits. With car on side of road, owner makes sure everyone is okay, his blood pressure and adrenaline goes back down, car towed to the out of town dealer and cab takes them all home. Days later the out of town dealer calls and says we won’t cover the unfixed and badly fixed prior repairs. You can imagine what follows.
Now in a normal sequential opening statement you might start with the first owner’s history of the car, his accidents and repairs, the trade in of it, the reconditioning of it, and the resale of it, and then the client-consumer’s own accident and discovery of the old damage. But putting the ending first would be different. Instead, you would take the most dramatic event (the client’s own accident) and start your opening there and go forward to the owner going down to the out of town dealer and being shown the old accident damage and then jumping back in time to the “beginning” of the car’s history, which is what happened with the original owner having an accident, etc. All your drama comes from your client’s own accident and the shear terror of it. The unexpected twist in the story comes when he finds out there was a prior accident too (insult added to injury).
Not every case has drama, but most probably do. Not every case is amenable to the end of the story being placed at the beginning, but many probably do. Think it over carefully before you dismiss it in your next case.
If you grab your jury's attention at the outset, your opposing counsel may never catch up. And that can mean you (and your client) will have the jury's attention from start to finish. Do it right, and you will win.
Next time, the Second Lesson on what movies teach us about trial tactics. Part 2 coming up.
Ron Burdge
Helping lawyers win cases, for over 30 years.
Thursday
What is the best online site for Free Legal Research?
And she came up with her vote for the 3 best web sites to get free legal research and avoid the financial drain of the "Big Two" in paid legal research sources. And did I say it was "free"?
What you will find in here recommendations is one you probably already know and two you never heard of before. Her blog is well worth the read and quite eye-opening. Click here for more.
Ron Burdge
Helping Lawyers Helping Clients
Monday
Spying on Your Opponent's Twitter Timeline?
It is amazing what people will put on their Twitter page. Doing research on someone's social media is relatively easy to do and can be very useful in litigation.
If you want to download info from Twitter, for instance, you can now download an entire user's Twitter timeline pretty easy. In fact, there's a new post on Lawyernomics that gives you the exact process. With a little digging and effort, you can figure out a similar process for Facebook, etc.
The Twitter download steps are explained here (click here).
If you want to download info from Twitter, for instance, you can now download an entire user's Twitter timeline pretty easy. In fact, there's a new post on Lawyernomics that gives you the exact process. With a little digging and effort, you can figure out a similar process for Facebook, etc.
The Twitter download steps are explained here (click here).
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