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Jury Bias Model™ and Bottom-Up Preparation

Written by Winning Works Bias is an inclination or prejudice in favor of or against something, a person, a group or thought when compared to another. Often, it is considered to be unfair. Bias can work for or against you. Everyone has feelings, beliefs and attitudes that color their perceptions of the world. Identifying how potential jurors make judgments, form opinions and explain behavior is critical to the outcome of your trial. When a potential juror holds a bias that is key to the issues inherent to your case, the potential juror cannot be expected to evaluate the evidence objectively...

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Fighting for the People | Gerry Spence at TEDx JacksonHole 2016

Fighting for the People | Gerry Spence at TEDx JacksonHole 2016

Renowned trial lawyer Gerry Spence reflects on justice in a powerful personal retrospective. Gerry Spence has been called the greatest trial lawyer of a generation. Decades of excellence in the courtroom give him an unparalleled vision and continued voice. In fact, the courtrooms of America serve as muse and inspiration for his books, poems, award winning photography and visual art. He continues his journey in fighting injustice through the foundation of his Trial Lawyer’s College, begun in 1994, which educated thousands of warriors dedicated to the pursuit of justice on behalf of real people. This talk was given at a...

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Breaking Tradition

Breaking Tradition

By Charles W. Day Originally published in the February 2017 issue of Trial Magazine. A great sculptor must be an artist, not a mere stonecutter. And a great trial lawyer must be a storyteller, not a mere inquisitor. The traditional view of cross-examination is that attorneys should limit themselves to leading questions to expose contradictions—and then wait until closing argument to lay them bare. In The Fearless Cross-Examiner, Patrick Malone breathes new life into cross-examination. He does not confine himself to leading questions. He does not ask only questions to which he knows the answer. He does not wait until...

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Book Review: Don’t Eat the Bruises Reviewed in The Verdict

Don’t Eat the Bruises: How to Foil Their Plans to Spoil Your Case Having a mentor is critical to a young lawyer’s development and growth. Throughout my 18 year career, I have been fortunate to learn from one of the best lawyers in the business-Ric Domnitz. While I will never be able to deliver a summation as effectively as Ric; nor cross-examine a witness as well-nor handle any aspect of the litigation process as well as Ric, for that matter-I have learned a lot from Ric about interacting with people and becoming an effective advocate at every stage of the personal injury...

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Book Review: 30(b)(6) Reviewed in Minnesota Trial

Book Review: 30(b)(6) Reviewed in Minnesota Trial

By: Nate BjerkeOriginally published in the Summer 2017 issue of Minnesota Trial: The Journal of the Minnesota Association for Justice 30(b)(6): Deposing Corporations, Organizations & the Government All of us who have ever sued a corporation, the government or any organization have, rubbing our temples, stared at stacks of discovery responses filled with objection after objection, but no real substance. We wonder, “Why won’t they just give us what we asked for?” Eventually, you may start to wonder if it’s about you; if you’re not a good enough lawyer to make them turn over what the law says they should. And...

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