Title: Prep and Trial of Tort Claims
1(No Transcript)
2Prep and Trial of Tort Claims
- A brief review of Chapter 11.
- I. Introduction
- II. Finding Out What Happened
- III. Final Preparation
- IV. Trying the Case
3Prep and Trial of Tort Claims
- Other Stuff You Need To Know
- Practice
- Words out loud with an audience
- Exhibits so you do not fumble around
- Short hand evidentiary arguments (have a list of
expected issues, with rule cites). - Mental or physical list of regular objections
4Prep and Trial of Tort Claims
- Hypervigilant over-preparer
- Strengths
- Discovery process
- Development of methods and procedures
- Can drill down through an issue with multiple
pieces of evidence - Weaknesses
- Bogs down in details scared to miss something
- Forgets obvious, makes difficult but right
arguments - Knows too much to say this is the way that it
is.
5Prep and Trial of Tort Claims
- Litigation Logjam
- Stand up and shoot from the hip
- Strengths
- Can rapidly assimilate large bodies of evidence
and discard what is not useful to the case. - Hammers on strengths
- Sees game to win, not quest for perfect truth.
- Weaknesses
- Uninterested in long process of gathering
evidence. - Can be caught unprepared or in obvious
inconsistencies. - Less strong on appeal or researched briefing.
6Prep and Trial of Tort Claims
Stand up and shoot from the hipper
Hypervigilant over-preparer
IM TRAPPED HOW DO I GET OUT?
7Prep and Trial of Tort Claims
- Litigation Logjam
- Unified Solution Big Board Exhibits (Use
Powerpoint, then blow up).
8Exhibit C, Richard Walker Survey
9Whats the point?
- The pier crosses the line.
10Courtesy of our friends at www.cargolaw.com
11Prep and Trial of Tort Claims
- Chapter 11.
- I. Introduction
- II. Finding Out What Happened
- III. Final Preparation
- IV. Trying the Case
12Whats the point?
- Someone violated the duty to maintain an adequate
lookout.
13- From Kathleen XXXXXXX Sent Monday, April 16,
2007 405 PMTo 'James'Cc 'kristy
krigbaum'Subject FW redesign - Bob
-
- I think you guys are working form the wrong
master. This is the master that you should be
working from. - From James mailtoraticalgraphics_at_sbcglobal.net
Sent Friday, March 16, 2007 832 AMTo
Kathleen XXXXXXXSubject redesign -
14Whats the point?
- To understand an email discussing an attachment,
you need to create an exhibit that shows both.
15Prep and Trial of Tort Claims
- Chapter 11.
- II. Finding Out What Happened
- Investigation (field walks, day-in-the life
videos). - Go outside, its fun!
- If you need someone to be able to testify about
observations, send an appropriate investigator
with a camera. - Keep an eye on the prize big board exhibits for
the case.
16Prep and Trial of Tort Claims
- Chapter 11.
- IV. Trying the Case
- Go Big Board, Big Picture, Simple Theme you
know 100,000 times more than the jury or the
judge, and they dont have 2 years to learn. - People tend to ignore evidence that does not fit
in their expectations hit the high points.
17Prep and Trial of Tort Claims
- Chapter 11.
- IV. Trying the Case
- Opening Statement
- This is what happened a story (especially
Plaintiff) - Here are the holes in the story, here is what is
missing. (especially Defendant). - SEIZE THE LANGUAGE (NAME TOUGH CONCEPTS)
- Use uncontested Big Boards.
- Write this in time to give it to 10 friends
before its final.
18Prep and Trial of Tort Claims
- What You Need To Know
- IV. Trying the Case
- Direct Examinations
- Try to get in all evidence that helps you do not
be afraid to have a judge rule against you. - The more you try to get in, the more that you
will get in, and the less any denial will hurt. - For important and contested evidence, try to come
up with multiple ways to get it in. Try, try
again.
19Prep and Trial of Tort Claims
- Closing Arguments
- Judges are persuaded by the same things that
jurors are visual aids, discussion of the
credibility of the evidence, an understanding
based on common sense, and an appeal to a
rational understanding of what really happened. - ABA Journal, June, 2002.