Reasonable arguments: fair-minded advocacy is a better approach than trench warfare
Article Abstract:
At a time when high-profile leagl cases conspire with media and politicians to make people more suspicious of lawyers and the law, a fair-minded approach can pay off in the courtroom. The adversary system encourages lawyers to take extreme positions and attack one another vociferously, but a reasonable and considerate argument can stand out and appeal more to a jury. A sample case is presented in which pointing out a doctor's responsibility for a mistake is like a mechanic's, with a similar duty to make amends.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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The case against clutter; presenting too much 'stuff' will drive the jury to distraction
Article Abstract:
Trial lawyers who present too much evidence in their case theories will lose a jury's attention and patience. Such lawyers should avoid using all their evidence, and useful rules of thumb include choosing only evidence which is direct and simple, including why things happened as part of the proof, and keeping claims that show the unfairness of the opponent. Talking to a person with a fresh view of the case can be helpful.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Hand-me-down trials; learns what the case is really about before taking it over
Article Abstract:
Taking over a case before trial entails special problems, since all the other members of the legal team know the case better than the new lawyer, making it hard to become leader of the team. Watching a video tape of discovery is also definitely not the same thing as having been there. A long meeting of all lawyers who have worked on the case might be able to give the necessary knowledge, however.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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