ADVERTISEMENT



Google       
Call (866) 635-2689 for a free Personal Injury evaluation by attorney in your area.

Home -> Law Blog Directory -> Personal Injury Law Blogs -> Day on Torts

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Personal Injury Law

: Day on Torts

"It's About the Jury, Stupid"

By John Day

ADVERTISEMENTS

Those of you over 30 will remember James Carville's message to the Clinton campaign in 1992:  "It's about the economy, stupid."  

Well, trying cases is about persuading jurors to your client's point of view. Sure, you must prove-each-element-of-your-cause-of-action-by-a-preponderance-of-the-evidence, but you must do so in a way that keeps the jury engaged, that motivates them to act favorably to your client.

Maxwell Kennerly, one of my favorite bloggers, has written a great post on this subject.  He explains that a trial lawyer must

 

  • tell the client's story;
  • tell the client's story coherently;
  • tell the client's story concisely;
  • tell the client's story persuasively; and,
  • introduce all evidence necessary to the claim or defense in compliance with the rules of evidence;

 

      one witness at a time.

Maxwell  then shares with us a memo written by David Mamet, a television producer of The Unit and other shows, and challenges us to incorporate Marnet's demands of his writers into our trial preparation.   As Maxwell explains, this memo helps us understand that the jury, like a television audience,  "must see all of the evidence necessary to the case, but if the testimony is not propelling the jury forward with a simple, straightforward purpose, then it is either superfluous or incorrectly prepared."

I learn more from Maxwell's blog posts than I do from the typical CLE presentation.  Thanks, Maxwell, for sharing your knowledge with us.

Full post as published by Day on Torts on April 05, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/03/26 10:08:41)