Every picture tells a story, or so I am told. But every trial also tells a story, and this I know. But unlike those stories told at reunions and other get-togethers, a story at trial is one of advocacy and persuasion with a goal...
Read MoreCharlotte Neal, Executrix of the Estate of Michael H. Neal; and Charlotte Neal, Individually v. Richard D. Floyd, IV, M.D. and New Lexington Clinic, P.S.C. “Generally speaking, the trial court enjoys ‘broad discretion’ in...
Read MoreZewoldi vs. Transit Authority of River City Whether a court should grant a continuance is matter of discretion which depends on its evaluation of a series of factors: 1) the length of the delay; 2) whether the court has granted...
Read MoreThere is magic in threes. There is power in threes. There is impact in threes. And today, I teach you the simplicity of three. Patience and compassion are left for another teacher, another time, another day. Never...
Read MoreI have heard it often said that a trial is the search for the truth and that every trial tells a story. But what seems to be neglected is what is the “story” and the need to advance that story in its telling to the...
Read MoreWe have come along way on the power of storytelling since those early days when Trog told the clan of the chase and the kill of the lion; but the tradition persists today. Although it’s in our DNA and is in the...
Read MoreIt’s my opinion that when you do have the choice [to discuss dollar amounts in your opening], sometimes you should discuss the dollar amount sought and sometimes you shouldn’t. If the case has merit and damages are...
Read MoreHere is a sample illustration of a lumbar (L5-S1) video that shows the steps. Might be for learning purposes for patient and lawyer, but there may be sources out there that can prepare specific videos for demonstrative evidence....
Read MoreAll the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, hope. and Broadly speaking, the short words are the best, and the old words best of all. ~ Sir Winston Churchill...
Read MoreThe psychological principle of primacy teaches us that people tend to believe the first explanation or impression they get on a topic. Accordingly, in a trial, jurors are most likely to believe the story they hear first (if they...
Read MoreI am straightforward and use everyday language. I make a conscious effort to avoid analogies like “the opening statement is like a roadmap” and “the opening statement is like a jigsaw puzzle, and as a case...
Read MoreThe defense wields three weapons to defeat plaintiff’s cases that should be won: * Complexity * Confusion * Ambiguity Complexity, confusion, and ambiguity are insidious enemies. They creep up when you are not looking....
Read MoreWe had a lawyer named H.K. Spear who was sort of a character, and one day the judge said ‘General’ (they called him General because he’d been with the Kentucky Attorney General’s Office). ‘Will you...
Read MoreThe story of the lawyer who could not lose. In part one of our interview with Gerry Spence, host Richard Ager speaks with Spence about his life and famous cases and with 50 attorneys from around the country who are enrolled in...
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Read MoreRonald Eggemeyer vs. Dr. Ted H. Jefferson, COA, Published 6/12/2015 [Editor’s note: This decision reflects a major miscarriage of justice which will result in a third trial on a medical negligence issue. It is a worthy...
Read MoreSome older folks will recall this classic video from renown trial lawyer, teacher, and advocate, Irving Younger entitled “The Ten Commandments of Cross-Examination”. It was a classic then, and it remains so...
Read MorePersels & Associates LLC v. Capital One Bank COA PUB 2/14/2014 (Presiding Judge Clayton) Daviess County, Trial Judge Joseph Castlen, III CLAYTON, JUDGE: Persels & Associates, LLC appeal the Daviess Circuit Court’s...
Read MoreFor more information on Air Sketch by qrayon, then click here for their web site. Note that using an iPad (with the Air Sketch App, an Apple TV, a wireless connection, Kanex Adapter, and a tv, projector) at mediation,...
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