Trial.Win Dojo
Chronic Pain, Dependency and Addiction
You have a personal injury client, an injured client that is dependent on pain medicines and suffer from and have been diagnosed with chronic pain. And I'm not going to give the medical definition, but chronic pain is basically a person that has an injury that is going to result in pain for the rest of their life. Sometimes they're diseases that can cause that or arthritic conditions that are genetic thing can cause that. Sometimes injuries, especially to the spine or certain joints, can cause a permanent injury that is going to cause pain for the rest of their life. So if you have a client that is diagnosed with chronic pain and is under pain management, we have to understand and respect that society doesn't look favorably upon the pain management industry. Read more »
Skimming off the Top of Your Client’s Justice
Do you voir dire about contingency fees on your personal injury cases? I do, always have. It's the elephant in the room. And I can assure you that if you ask 100 people whether they think contingency fees are a good thing or a bad thing, a large majority of them are going to say it's a bad thing. Read more »
Let's Talk About Obnoxious Lawyer Ads
There are a lot of elephants in the room when you're in a jury trial, many elephants in the room. And the more that you can identify, and take care of, and discuss openly with a jury panel, the better off you're going to be. One of the biggest elephants in the room is lawyer advertising, and I talk about it some. I think some of it's tasteful, some of it's dignified, some of it is truthful. Some of it is outright obnoxious. Read more »
Gallows Humor or Nervous Laughter: Talk About It
We all know what nervous laughter is, we've experienced it, we've seen it. If we haven't done it, we've witnessed it. There's nothing funny about a death penalty case. There's nothing funny about standing next to a person who's facing being executed, being killed by the government to prove that killing's wrong. Read more »
If the Shoe Doesn’t Fit: Alleviating Juror Anxiety About Rejection
Jurors are often afraid of being rejected, and they become a little anxious. Not all of them. Some of them will become anxious about whether or not they're going to get picked or not picked. They made plans to be there, they were ordered to be there, they respected the process. All of the people that were fighting to get out of jury duty, trying to get out of jury duty, have either succeeded or failed by this time. So you have a bunch of people that are there because they believe it's their civic duty to be there. And the ones that don't believe it's their civic duty, I can assure you by the end of the process, they will know it was their civic duty. Read more »
It’s a Lie, and She Knows It: The Truth Behind Injury Defense
You got to have the guts to stand up for the truth. You got to stand up for the justice, and don't allow piling on by the injury defense bar. Put that in your motion in limine. There's no suggestion in any way that a defendant in a car wreck case or any other injury case is going to have to write a check out of their own pocket. That's dirty pool, it's unethical. Injury defense bar lawyers, injury defense lawyers get by with it all the time. Read more »
Subway, School & Soup Kitchens: Do Not Let Evidence of Poverty Slither in to the Jury
Do not allow evidence of poverty and charity into your injury case. It's not appropriate. It's piling on. Embrace the fiction because that's legal and the courts agree. And we all know intuitively that it's kind of unfair to let insurance or the existence of insurance influence a jury's verdict. But it's equally as unfair, if not more unfair, to let evidence of poverty and charity in. Read more »
The Tortfeasor’s Beloved Family Lawyer: Don’t Let the Injury Defense Lawyers Pile On
Start using the word injury defense. There's nothing inherently wrong with that. And it will help negate the piling on. We embrace the fiction that there's no insurance. We must embrace that fiction. But there is no piling on. Don't let them do it. Read more »
Half Truths and Careless Falsehoods
Don't waiver in your testimony. The motives for telling a reckless falsehood, or a careless falsehood, or a half truth are much more insidious. It has to do with ego. Don't want to look stupid. I want to look like I'm in charge. Read more »
$#!T Happens: Lies and Mayhem
Remember, safety is no accident. Don't call your car wreck cases or don't call the other physical injuries accidents. They're not accidents. Somebody made a conscious decision. Read more »