Monday, June 17, 2019
How to Work Successfully With a Narcissistic Client
Law Practice Management just ran my article on how attorneys can successfully manage a narcissistic client.
Here's the link:
https://www.lawpracticetoday.org/article/work-successfully-narcissistic-client/
Friday, May 31, 2019
The Advantage You Need to Win Your Case
Most
lawyers, when they prepare witnesses to testify, are understandably focused on
the key substantive issues. They want to make sure the witness remembers
important points. Great! But in so doing, lawyers often rely on their prepared
questions, leaving little or no room for information not elicited by the
lawyer’s direct questions.
As I prepare
witnesses to testify, they disclose unexpected information that I then present
to the lawyer--often to his/her surprise. Frequently this information has
significant impact, either because it is helpful to a winning argument or it
permits the lawyer to defuse potentially damaging issues. My ability to get
such information is not because of any great magic done by trial consultants,
it’s simply the result of a client-centered witness prep approach. Such
critical information is just as available to the lawyer and readily obtainable
by asking client-centered open-ended questions.
You see, a
witness is highly unlikely to come up spontaneously and voluntarily with all
you need to know, unless prompted with an open-ended question. Why?
1) The client may feel obligated to
answer your direct question directly
2) Your direct question may only
elicit an incomplete description of the situation
Facilitate
your client's giving you all the information you need by asking client-centered
open-ended questions. These encourage the client to tell a story, or describe
an event, feeling or situation however the client wishes. Such questions
generally start with the words “what” or “how” as in; “What about X concerned
you?” “How did you come to Y?” A good follow up is – always – “Tell me more.”
Ask such
questions and your client may very well give you the advantage you need to win
your case.
Thursday, May 2, 2019
The Jury and GenXers
GenXers
are getting older. They are the generation bumping up against the Boomers who
are slowly but surely on their way out. Which means you are seeing more of them
in the jury box – individuals born between roughly 1961 and 1981, who are now
in their late 30’s to mid 50’s. They are no longer entry-level hires, they’ve
moved up into managerial or supervisor ranks, or commonly, headed off into
entrepreneurial ventures of all types and sizes.
Why does
this matter to you?
GenXers
are still among the more skeptical, if not downright cynical, generation. Thus,
when it comes to liability, GenXer skepticism tends to favor defense because
GenXers aren’t particularly emotionally swayed. They require more data, more
evidence and the science behind it in order to find liability.
Liability
is a major obstacle for plaintiff’s attorney when arguing in front of GenXers,
so if your jury box is loaded with GenXers, be sure to back up your every
argument with as much documented evidence as possible.
The
downside for defense is, once GenXers are convinced of liability--especially
GenXers in their late 30s and 40s--they will award higher damages than any
other generational group. GenXers believe that people should be
held accountable for their own actions. Awarding
substantial damages is a way of holding people accountable.
The
solution is the same as for plaintiff--but in the opposite direction. As
defense, do everything you can to back up your arguments countering liability
with documented, “hard” evidence, so as not to be hit with a big award.
Saturday, March 30, 2019
Vocal Tone Matters During Voire Dire
Vocal tone matters, not just when you’re delivering your
opening/closing or in questioning witnesses, but also in voir dire. Voir dire
is when you create your first impression with what will be your jury panel. How
you speak to prospective jurors is every bit as important as what you say.
"Well, the lawyer asked OK questions and all, but boy was he/she
cold!" "I'm not a kid, you know, I didn't appreciate getting a
morality lesson from the lawyer." These are the type of comments heard in
jury debriefings when an attorney negated the good questions asked in voir dire
by using an authoritarian or parental vocal tone. Jurors like to be guided, not
told what to do.
Ask
jurors whether they can be, for example, "fair to both sides," don't demand it of them. Think of jurors as
fellow-travelers, about to embark on an expedition with you, not as the enemy.
As best you can, use a conversational pace as you go through the intricate
dance of question-response with prospective jurors. Keep your voice modulated
for warmth and directness. Be sincere. Ask questions as if you really want to
know the answer, not as if you're dictating to the prospective juror what he or
she must think.
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