{ "monthArticles": [ {"id" : 29583671350,"title" : "Why Understanding TBI is Critical for Personal Injury Attorneys","articleTags" : [{ "tagHandle" : "aaron-deshaw", "tag" : "aaron deshaw" },{ "tagHandle" : "cle", "tag" : "CLE" },{ "tagHandle" : "traumatic-brain-injury", "tag" : "Traumatic Brain Injury" }],"articleYear" : 2019,"articleMonth" : "May","articleURL" : "/blogs/news/why-understanding-tbi-is-critical-for-personal-injury-attorneys","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Website-Banners-TrialGuides-PurchasedImages_1024x1024.png?v=1557508965","articleDate" : "May 9, 2019","articleExcerpt" : "I thought I would provide some insights into why the upcoming Trial Guides Brain Injury CLE is directly applicable to plaintiffs' lawyers. By way of background, I am a retired doctor who now practices personal injury law in addition to running Trial Guides. At any given time, approximately 90–95 percent of my clients have traumatic brain injuries. Traumatic brain injury legal cases involve a number of issues that must be established during a case-in-chief. They also involve some unique defenses that are not normally encountered in personal injury cases. In addition to dealing with these issues in a trial, the...","articleReadMoreText" : "Read more","articleJSON" : {"id":29583671350,"title":"Why Understanding TBI is Critical for Personal Injury Attorneys","created_at":"2019-05-08T17:10:31-04:00","body_html":"\u003cp\u003eI thought I would provide some insights into why the upcoming \u003ca href=\"https:\/\/www.trialguides.com\/products\/handling-traumatic-brain-injury-cases?variant=19516345286710\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial Guides Brain Injury CLE\u003c\/a\u003e is directly applicable to plaintiffs' lawyers. By way of background, I am a retired doctor who now practices personal injury law in addition to running Trial Guides. At any given time, approximately 90–95 percent of my clients have traumatic brain injuries.\u003c\/p\u003e\n\u003cp\u003eTraumatic brain injury legal cases involve a number of issues that must be established during a case-in-chief. They also involve some unique defenses that are not normally encountered in personal injury cases. In addition to dealing with these issues in a trial, the same issues must be addressed in a demand letter to an insurance company during a prelitigation attempt to settle, as well as in mediations and in arbitrations.\u003c\/p\u003e\n\u003cp\u003eThe unique aspects of traumatic brain injury cases primarily involve the following:\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e1. Identifying the extent of the injury:\u003c\/strong\u003e Brain injuries carry with them potential changes in cognition, behavior, neurological function, vision, hormones, speech, sleep, vascular function, the GI system, autoimmune conditions, autonomic nervous system function (including dysautonomias), and much more. In addition, increasing medical literature supports neurodegeneration after TBI, resulting in an increased likelihood of Alzheimer’s Disease, Parkinson’s and other neurodegenerative conditions. TBI cases often have associated injuries including C1 vertebral instability, brainstem problems, Chiari Type II (tonsillar ectopia of the cerebellum), inner ear conditions, and conditions like PTSD and Major Depressive Disorder. The first part of this CLE is aimed at helping lawyers and doctors identify a traumatic brain injury, the symptoms associated with TBI, and all associated injuries when the client comes to their office. We know that if the injuries are not diagnosed and charted, the settlement offer and the trial outcome will not provide fair compensation to the TBI survivor.\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003e\u003cstrong\u003e2. Neuropsychology and psychological tests:\u003c\/strong\u003e The most significant battle in traumatic brain injury cases is the neuropsychological and psychological testing that occurs in these cases. For the case-in-chief, plaintiffs' counsel must establish that the client has a traumatic brain injury by a preponderance of the evidence. Given that 80 percent of traumatic brain injuries have no positive brain imaging findings on MRI or CT, and since frank neurological findings are only present in approximately 20 percent of TBI cases, neuropsychological testing is the primary method of proving or disproving a traumatic brain injury during the case-in-chief. But this area is fraught with problems. First of all, given the copyright protection of the testing, lawyers cannot get access to the \"raw testing” (questions, answers, testing books) done by the treating neuropsychologist or the defense neuropsychologist. A bigger problem in many cases is the defense allegation of malingering or somatoform disorder, which they will claim through their testing can be assured at “a high likelihood of probability.” It is nearly impossible to defeat that defense unless you know how the defense neuropsychologist is misleading the judge and jury. At the Trial Guides Brain Injury CLE, you will learn that a defense neuropsychologist invented a test called the “Fake Bad Scale” and suggested this test can detect malingering in a test subject. You will learn that there are substantial problems with the validity of that test and that lawyers should be able to keep it out of evidence or discredit the findings because the Fake Bad Scale is scientifically unreliable in most cases. Somewhat similarly, personality tests, including the MMPI, are often used by the defense to suggest that the client has a personality disorder rather than being legitimately injured. But, a lawyer educated in these tests, who understands how to evaluate the testing data, can demonstrate to a jury why it is that the true symptoms of the injuries creating the abnormal testing scores and that it is not a personality disorder. Understanding these issues make the difference between winning and losing a brain injury case, and that makes a difference in the settlement offers you receive. A substantial portion of the Brain Injury CLE is being presented by one of the leading forensic neuropsychologists in the country, Richard Perrillo, PhD, who will teach lawyers about these tests, how the testing should be done in a forensic setting, problems with testing, and how to understand the testing results. As a lawyer who handles TBI cases, I assure you this information is absolutely critical for lawyers handling traumatic brain injury cases. I believe that lawyers interested in handling TBI cases would greatly benefit from being able to understand neuropsychological and psychological testing better.\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003e\u003cstrong\u003e3. Neurology:\u003c\/strong\u003e Only a small percentage of traumatic brain injury cases have frank neurological changes that a neurologist will find during a standard neurological examination. But, there are subtle neurological changes that can be found in a more detailed neurological evaluation—notably visual system changes, which some studies indicate is the most reliable indicator of brain injury and which cannot be faked. There is also testing to objectively demonstrate these changes—namely computer-based visual system testing and balance testing. Most lawyers (and many doctors) are unaware of these tests that can objectively verify TBI. Additionally, there is a wealth of medical literature that demonstrates the long term effects of TBI, including causation of Alzheimer's and Parkinson's, as well as other neurodegenerative conditions. This helps lawyers understand the broader injury causation and permanent consequences involved in a TBI case. The neurology section of this CLE is presented by Dr. Glen Zielinski, an internationally known doctor of choice for Olympic athletes, professional athletes, and other high performance individuals. Dr. Zielinski will discuss a wide range of health conditions caused by TBI so that doctors and lawyers better understand how a TBI causes a wide range of health changes. This information is critical because TBIs are complex, have wide ranging effects on multiple systems of the body, and the short and long term consequences are not always obvious. This information is helpful for lawyers and doctors, so that they understand why a client may be exhibiting the symptoms they are after experiencing a TBI.\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003e\u003cstrong\u003e4. Neuroradiology:\u003c\/strong\u003e 80 percent of people with a TBI have negative CT and MRI findings. Dr. Mark Herbst is one of the nation’s leading forensic neuroradiologists specializing in post-traumatic brain imaging. In this CLE, Dr. Herbst will discuss special types of imaging within high-resolution MRI machines, as well as other types of brain imaging beyond CT and MRI that can provide better insights for lawyers and doctors who handle traumatic brain injury cases. This is valuable because many lawyers don’t know about the more advanced imaging options available for clients with a TBI.\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003e\u003cstrong\u003e5. Putting it all together:\u003c\/strong\u003e At the end of the day, we will discuss how lawyers who handle traumatic brain injury cases can best use the information these three doctors will have provided.\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003eI hope to see you there. Despite my history as a doctor, and many years of practicing as a traumatic brain injury lawyer, there is still an incredible amount of information that I can learn from these three speakers, each of whom is considered a leader in their area of practice.\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003eRespectfully,\u003cbr\u003e\u003cbr\u003eDr. Aaron DeShaw, Esq.\u003cbr\u003eFounder of Trial Guides\u003c\/p\u003e\n\u003cp\u003eTo register for our \u003ca href=\"https:\/\/www.trialguides.com\/products\/handling-traumatic-brain-injury-cases?variant=19516345286710\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eHandling Traumatic Brain Injury Cases CLE\u003c\/a\u003e and others please see below or call 1-800-309-6845:\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/handling-traumatic-brain-injury-cases?variant=19516345286710\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/FacebookTBI3_large.png?v=1557507710\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/handling-traumatic-brain-injury-cases?variant=19516345286710\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eHandling Traumatic Brain Injury Cases\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cem\u003eOpen to both doctors and lawyers\u003c\/em\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eDr. Richard Perrillo, Dr. Glen Zielinski, Dr. Mark Herbst, and Aaron DeShaw\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cdiv class=\"show-for-large pdp__author-list\" style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv class=\"show-for-large pdp__author-list\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003eCombine this CLE with our other June CLE's and save:\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/orlando-events-package-5?variant=19592688369718\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/IMG_6491-744_large.jpg?v=1551294903\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/orlando-events-package-5?variant=19592688369718\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eOrlando 2019 Events Package 5\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eHandling Traumatic Brain Injury Cases\u003cbr\u003eOptimizing Personal Injury Outcomes\u003cbr\u003e\u003cem\u003eOpen to both doctors and lawyers\u003c\/em\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"pdp__price-wrapper\" data-price-wrapper=\"\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003eREGULAR PRICE$1,990.00  Discount Price: $1,845.00\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003eSave $145\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv\u003e\u003c\/div\u003e\n\u003cdiv class=\"h3 pdp__price--msrp\" style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv class=\"h3 pdp__price--msrp\" style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cdiv class=\"h3 pdp__price--msrp\" style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003c\/div\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/orlando-2019-events-package-6?variant=19593513762870\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/square_large.png?v=1551297854\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/orlando-2019-events-package-6?variant=19593513762870\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eOrlando 2019 Events Package 6\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eHandling Traumatic Brain Injury Cases\u003cbr\u003eOptimizing Personal Injury Outcomes\u003cbr\u003eAuto Crash Master Class\u003cbr\u003eWriting Demand Letters\u003c\/div\u003e\n\u003cdiv data-price-wrapper=\"\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003eREGULAR PRICE $4,980.00 Discount Price: $4,580.00\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003eSave $400!\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan style=\"color: #ff0000;\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/div\u003e\n\u003c\/div\u003e\n\u003cdiv itemprop=\"offers\" itemscope=\"\" itemtype=\"http:\/\/schema.org\/Offer\"\u003e\n\u003cform class=\"form form--pdp form--package\" method=\"post\" enctype=\"multipart\/form-data\" action=\"https:\/\/www.trialguides.com\/cart\/add\"\u003e\n\u003cdiv class=\"js\"\u003e\u003clabel class=\"form__label\" for=\"SingleOptionSelector-0\"\u003e\u003c\/label\u003e\u003c\/div\u003e\n\u003c\/form\u003e\n\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Aaron Deshaw","user_id":30347198523,"published_at":"2019-05-09T16:16:00-04:00","updated_at":"2019-05-10T13:23:24-04:00","summary_html":"","template_suffix":null,"handle":"why-understanding-tbi-is-critical-for-personal-injury-attorneys","tags":"aaron deshaw, CLE, Traumatic Brain Injury","image":{"created_at":"2019-05-10T13:22:45-04:00","alt":"","width":2400,"height":688,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Website-Banners-TrialGuides-PurchasedImages.png?v=1557508965"}}},{"id" : 29384310838,"title" : "Book Review: The Lawsuit Guide","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "greg-munro", "tag" : "Greg Munro" },{ "tagHandle" : "ned-good", "tag" : "Ned Good" },{ "tagHandle" : "the-lawsuit-guide", "tag" : "The Lawsuit Guide" }],"articleYear" : 2019,"articleMonth" : "April","articleURL" : "/blogs/news/book-review-the-lawsuit-guide","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/LawsuitGuide004_banner_1024x1024.png?v=1555356770","articleDate" : "April 23, 2019","articleExcerpt" : "By Jesse Froehling Originally published in the April 2019 issue of Trial News, the monthly newspaper of the Washington State Association for Justice. Shortly after I sign a fee agreement with a new client, I generally send that person a form letter. The purpose of that letter is to familiarize the new client – most of whom have had zero experience with the legal system – with the ins and outs of attorney-client privilege, sending and receiving discovery, conducting depositions, dos and don’ts during litigation, settlement, and, if it gets that far, trial. My old letter was ten pages long. My current letter...","articleReadMoreText" : "Read more","articleJSON" : {"id":29384310838,"title":"Book Review: The Lawsuit Guide","created_at":"2019-04-15T15:30:20-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eBy Jesse Froehling\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eOriginally published in the April 2019 issue of \u003c\/span\u003e\u003cem\u003eTrial News\u003c\/em\u003e\u003cspan\u003e, the monthly newspaper of the \u003c\/span\u003e\u003ca href=\"https:\/\/www.washingtonjustice.org\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWashington State Association for Justice\u003c\/a\u003e\u003cspan\u003e.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eShortly after I sign a fee agreement with a new client, I generally send that person a form letter. The purpose of that letter is to familiarize the new client – most of whom have had zero experience with the legal system – with the ins and outs of attorney-client privilege, sending and receiving discovery, conducting depositions, dos and don’ts during litigation, settlement, and, if it gets that far, trial. My old letter was ten pages long. My current letter is four pages long. I am 99 percent sure that the last person who actually read the letter was me when I wrote it.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eIt was that observation that led me to call \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/greg-munro\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGreg Munro\u003c\/a\u003e, the co-author (along with \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/ned-good\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNed Good\u003c\/a\u003e) of \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Lawsuit Guide\u003c\/a\u003e, and the guy who taught my Pretrial Procedure class during my 1L year at the University of Montana. \"Nothing against the book,\" I prefaced, \"but do you seriously think anyone will ever actually read the thing?\"\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eBefore I get to his answer, first some context. The purpose of the book is to orient the client to the anatomy of a personal injury case. Ostensibly, it does just that. The book is 200 pages of lay language explaining in intricate detail everything between the moments following a client’s injury to the appeal when the trial is over. It tracks treatment, insurance coverage, demands, complaints, discovery, depositions, witnesses, motions, trials, post-trial briefings, appeals, and all the stuff in between. (My personal favorite section, \"Insurance Defense Lawyers,\" reminds us that \"You must always remember that, regardless of how friendly and courteous the defense lawyers are, their mission is to defeat your claim[.]\") It even provides a glossary to translate our inevitable legalese.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eTo that end, the authors have included a helpful preliminary section, entitled \"The Purpose of This Book.\" The book, they write, \"is designed to serve as a handbook for you and your family as you pursue your personal injury claim or a wrongful death claim for a family member.\" Among the questions it seeks to answer: How will we pay the surgery and hospital bills? Will we have to testify? Does our insurance pay?\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003e\"I don’t think many clients ever actually read the whole book,\" Munro says, \"but you have to remember that one thing they feel a lot of is fear.\" I try to remember how I felt, sitting in Professor Munro’s class, barely a week into law school, while scratching my head and wondering what kind of daughter would ever sue her own mother for falling off her porch while home for Thanksgiving. How much worse to actually be that daughter, trusting a lawyer you barely know when they tell you, \"Don’t worry. This is all about insurance.\" And then that lawyer explains to you for the umpteenth time the confines of ER 411. Munro’s hope is that when that daughter awakens in the middle of the night, weighing her relationship with her mother against her own towering medical bills, the book provides some comfort, or at least some familiarity.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eAlthough it’s doubtful that any personal injury attorney worth their salt will learn anything new in this book, Munro hopes that it can also act as a primer for an attorney new to the PI practice. And to that end, it works. If you’re like me, you spent hours as a baby lawyer mucking through the EAGLE archive looking for the answers to questions you knew were too stupid to ask. Many of the answers to those questions are in this book: pp. 76-79, \"Sources of Insurance\"; pp. 124-125, \"Preparing for Your Deposition\"; p. 187, \"Collateral Source Rule.\" I wish I had it at the beginning of my career.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eThe real target market, however, is you and I. Munro has three goals for the PI lawyers in the midst of their practice: first, it allows us to say, \"You have your deposition coming up, go read pages 124-125.\" And how many of us have spent countless hours trying to explain the interplay between third-party insurance, UIM coverage, a PIP policy, and health insurance to a client who, in the end, just wants their bills paid? To that end, Munro hopes this book is a small time-saver for lawyers with clients who, understandably, have a mountain of questions and matching anxiety. As I read the book, I found myself, on numerous occasions, nodding along and thinking, that’s exactly how I should explain it. Or, I could just give the client the book and skip the middleman.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eWhich brings me to goal number two: at $24.95, it’s cheap enough to be purchased in bulk, so that attorneys may pass it out to all new clients. The latter goal, it turns out, was rather daunting. Munro and Good shopped the book around for a long time looking for a publisher that would distribute it for less than the exorbitant gouging most PI books require. They knew that if we had to shell out 200 bucks for the book, it would be far less likely to land in the hands of the desperate new client who needs it most.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eFinally, Munro hopes the book generates a small amount of goodwill. I’ll submit that all but the most established of us perform an awkward dance upon meeting a new client. They know they’re supposed to trust us, but every ambulance-chasing horror story they’ve ever heard keeps bubbling up. We want to let them tell their story, but also keep them from spiraling into pits of anxiety. They’re not here in our office because they want to be. They’re sitting here because they have no other choice. And usually, they’re not happy about it. Munro recognizes that trust is at its most delicate at that moment. He hopes that, in a small way, this book helps that relationship grow. We can give the book to a new client and say, \"Here’s a small gift from our law firm to you. I hope it helps as we walk this path together.\"\u003cbr\u003eI have no idea whether that’s what will happen. But I plan to give it to the next person I agree to help. I recommend you do too.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cspan\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Lawsuit_Guide_large.jpg?v=1539975889\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/span\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Lawsuit Guide\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/greg-munro\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGreg Munro\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/ned-good\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNed Good\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan\u003ePaperback - $24.95\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003ePurchase in bulk to save!\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cspan\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Lawsuit_Guide_Package_eeb4fd1a-39d9-40fe-9c7c-63466b1d10c5_large.jpg?v=1539980130\" alt=\"\"\u003e\u003c\/span\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide-5-pack\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eLawsuit Guide 5-Pack\u003c\/a\u003e -5% off!\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide-10-pack\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eLawsuit Guide 10-Pack\u003c\/a\u003e - 10% off!\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide-20-pack\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eLawsuit Guide 20-Pack\u003c\/a\u003e - 15% off!\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide-50-pack\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eLawsuit Guide 50-Pack\u003c\/a\u003e - 25% off!\u003c\/span\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cspan\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-lawsuit-guide-100-pack\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eLawsuit Guide 100-Pack\u003c\/a\u003e - 33% off!\u003c\/span\u003e\u003c\/div\u003e\n\u003cp\u003e\u003cspan\u003e\u003cbr\u003e\u003cem\u003e\u003cstrong\u003eJesse Froehling\u003c\/strong\u003e is an EAGLE member, practicing personal injury and civil rights law at Ridgeline Law Group in Tacoma. He is a member of the Trial News editorial board.\u003c\/em\u003e\u003cbr\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-04-23T12:54:00-04:00","updated_at":"2019-04-23T13:41:45-04:00","summary_html":"","template_suffix":null,"handle":"book-review-the-lawsuit-guide","tags":"Book Review, Greg Munro, Ned Good, The Lawsuit Guide","image":{"created_at":"2019-04-15T15:32:50-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/LawsuitGuide004_banner.png?v=1555356770"}}},{"id" : 29226827830,"title" : "Embrace Your Strength as a Woman, Don’t Mask it!","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2019,"articleMonth" : "April","articleURL" : "/blogs/news/embrace-your-strength-as-a-woman-don-t-mask-it","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/TrialByWoman002_banner_1024x1024.png?v=1553552354","articleDate" : "April 16, 2019","articleExcerpt" : "By Isabel A. M. Cole Originally published in the February 2019 issue of Trial News, the monthly newspaper of the Washington State Association for Justice. Having been in three different careers that were dominated by men, I was interested to read this book to find out if it would tell me anything that I didn’t think I already knew. And when I was reading the very beginning of the book, I was thinking, “Nope, I already know this stuff.” But after the basic introductory information (which a lot of women who didn’t live through the sixties and seventies might find new and...","articleReadMoreText" : "Read more","articleJSON" : {"id":29226827830,"title":"Embrace Your Strength as a Woman, Don’t Mask it!","created_at":"2019-03-25T18:17:40-04:00","body_html":"\u003cp\u003eBy Isabel A. M. Cole\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cspan\u003eOriginally published in the February 2019 issue of \u003c\/span\u003e\u003cem\u003eTrial News\u003c\/em\u003e\u003cspan\u003e, the monthly newspaper of the \u003c\/span\u003e\u003ca href=\"https:\/\/www.washingtonjustice.org\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWashington State Association for Justice\u003c\/a\u003e\u003cspan\u003e.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eHaving been in three different careers that were dominated by men, I was interested to read this book to find out if it would tell me anything that I didn’t think I already knew. And when I was reading the very beginning of the book, I was thinking, “Nope, I already know this stuff.” But after the basic introductory information (which a lot of women who didn’t live through the sixties and seventies might find new and different) I was drawn in. I began to see bits of myself in the recitation of the mistakes that we make as young lawyers. One of the things that really resonated with me was them talking about the tendency to ask every question in the book in a deposition or during testimony, just so we wouldn’t miss anything because we’re not really certain, at that point, about what’s important and what isn’t. Guilty as charged. And I thought I was the only person who was doing that. And therein lies the beauty of this book.\u003c\/p\u003e\n\u003cp\u003eHow I wish I’d had this book in the year and a half between graduating law school and getting my first lawyer job. I incorporated my firm, but I never actually did anything under that name because I had no idea what to do. In \u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-woman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial by Woman \u003c\/a\u003ethese veterans of the gender wars lay it out in straightforward directions. First of all, embrace what makes a woman different than a man; don’t try to change it. Many of us in trying to fit into a male-dominated field such as the law, try to change ourselves to fit the mold, rather than being who we are and trying to create a firm that fits us. This is so true on so many levels. And maybe the women who first had to fit in didn’t feel like they had that luxury. But the world is changing. And Ms. Rowley and Ms. Hatch show you just how to embrace that change and shape your firm to fit yourself, rather than the other way around. I refer to them by their last names out of respect, however, throughout the book they refer to themselves by their given names and recount so many personal experiences that you can’t help but get to feel that you know them.\u003c\/p\u003e\n\u003cp\u003eAnd that IS our strength as women. We connect, we talk, we empathize, we feel things, and understand things, and create bonds, sometimes almost effortlessly. There is great power in that ability when you need to connect with a jury; when you need to get the jury to understand just how your plaintiff’s life has changed, how they have been forever altered by the event that the jury is now being asked to render judgment upon. What these women explain should be common sense, that our connection is a powerful tool. But many of us have to relearn that because we have been tamping that part down for a long time in order to fit into the legal world that existed up until it recently, slowly, started to change as more and more women came into the field. So, when I read it in the book, that we should embrace our strength, it was like a light bulb going on. Not one that was completely out, but one that had shorted out for a while and suddenly came on blazing again.\u003c\/p\u003e\n\u003cp\u003eIf Courtney and Theresa had stopped there (okay, yes now I’m calling them by their first names because as I talk more about this I am feeling that connection that makes using their first names seem appropriate rather than impertinent), then the book would be an interesting reflection on what it is to be a female in a field that has been traditionally male-dominated. But this book is so much more than that. They go into detail about the how-to of actually being a lawyer. They give instructions on how to do the things that all of us struggle with as young lawyers. What’s important in a direct examination? How do you get the most out of a cross-examination? How to breathe properly so you don’t sound nervous. How to take command of a situation. How to shut down inappropriate behavior from others. What things you need to do when you first open your own firm.\u003c\/p\u003e\n\u003cp\u003eThe advice doesn’t stop at tips and tricks for doing a good job as a lawyer. They also talk about putting your health and wellbeing front and center. This is something that I, along with a lot of other lawyers I’m sure, struggle with. I end up chained to the desk for hours on end. I never move despite my Fitbit screaming at me. They talk about how important it is to nourish ourselves, not just our bodies but our souls, while citing the statistics on abuse of alcohol and suicide in the legal field. They also talk frankly about having children and trying to meld being a mother with being a lawyer.\u003c\/p\u003e\n\u003cp\u003eDespite the fact that much of this book can be used by men or women who are entering the law, the beginning of Part Six is directed at women. Although I think it would be helpful for men to read it as well, to know just how many everyday things men do, without a second thought, that women roll over and over in their minds trying to figure out if it will help or hinder their performance. They know they are being held to a different standard. The second part of Part Six asks men to join women in making the world a different place, not just in the law, but in everyday life.\u003c\/p\u003e\n\u003cp\u003eBut there is so much to this book, and it is broken down in segments where you can take what will help you and leave the rest. There are even forms such as a sample fee sharing agreement, a motion to request adequate time for voir dire, and a juror questionnaire. I’m sure later when I need the information, I will skip to parts as they become helpful in what I’m doing at the current moment. But I would recommend that you read the entire thing through, as it will possibly show you a world that you never knew existed. Or it might remind you to use the gifts that you’d forgotten you had after so many years of doubting their value. Definitely worth the read.\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-woman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Trial_by_Woman_Cover_large.jpg?v=1543373247\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-woman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial by Woman\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/courtney-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eCourtney Rowley\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/theresa-bowen-hatch\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTheresa Bowen Hatch\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003ePaperback $24.95\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-04-16T17:34:00-04:00","updated_at":"2019-04-16T17:34:35-04:00","summary_html":"","template_suffix":null,"handle":"embrace-your-strength-as-a-woman-don-t-mask-it","tags":"Book Review","image":{"created_at":"2019-03-25T18:19:14-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/TrialByWoman002_banner.png?v=1553552354"}}},{"id" : 29303636022,"title" : "Case Framing no longer sold by Trial Guides","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2019,"articleMonth" : "April","articleURL" : "/blogs/news/case-framing-no-longer-sold-by-trial-guides","articleImageURL" : "","articleDate" : "April 5, 2019","articleExcerpt" : "To purchase Case Framing by Mark Mandell please click here to be taken to the AAJ Press website.","articleReadMoreText" : "Read more","articleJSON" : {"id":29303636022,"title":"Case Framing no longer sold by Trial Guides","created_at":"2019-04-04T15:24:04-04:00","body_html":"To purchase Case Framing by Mark Mandell please click \u003ca href=\"https:\/\/www.justice.org\/books-and-multimedia\/case-framing\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ehere\u003c\/a\u003e to be taken to the AAJ Press website.","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-04-05T17:33:00-04:00","updated_at":"2019-04-05T17:33:49-04:00","summary_html":"","template_suffix":null,"handle":"case-framing-no-longer-sold-by-trial-guides","tags":""}},{"id" : 29249634358,"title" : "Trial by Woman Featured and Sold on GOOP!","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2019,"articleMonth" : "April","articleURL" : "/blogs/news/trial-by-woman-featured-and-now-sold-on-goop","articleImageURL" : "","articleDate" : "April 4, 2019","articleExcerpt" : "Trial Guides is pleased to announce that Trial by Woman is available for sale on Goop.  Read Goop's description of the Trial by Woman book on their list of "6 Books—by Female Authors—That Will Inspire Your Career".  Goop has also featured Trial by Woman authors Courtney Rowley and Theresa Bowen Hatch in a valuable Q &amp; A called "How to Get Paid What You're Worth".  Get your copy of Trial by Woman today! Trial by Woman By: Courtney Rowley &amp; Theresa Bowen Hatch Paperback - $24.95","articleReadMoreText" : "Read more","articleJSON" : {"id":29249634358,"title":"Trial by Woman Featured and Sold on GOOP!","created_at":"2019-03-28T12:47:02-04:00","body_html":"\u003cp\u003eTrial Guides is pleased to announce that Trial by Woman is available for sale on \u003ca href=\"https:\/\/shop.goop.com\/shop\/products\/trial-by-woman?taxon_id=1852\u0026amp;country=USA\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGoop\u003c\/a\u003e. \u003c\/p\u003e\n\u003cp\u003eRead Goop's description of the Trial by Woman book on their list of \"\u003ca href=\"https:\/\/goop.com\/work\/career\/business-books-by-women\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e6 Books—by Female Authors—That Will Inspire Your Career\u003c\/a\u003e\". \u003c\/p\u003e\n\u003cp\u003eGoop has also featured Trial by Woman authors Courtney Rowley and Theresa Bowen Hatch in a valuable Q \u0026amp; A called \"\u003ca href=\"https:\/\/goop.com\/work\/career\/how-to-get-paid-what-youre-worth\/?ref=newsletter\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eHow to Get Paid What You're Worth\u003c\/a\u003e\". \u003c\/p\u003e\n\u003cp\u003eGet your copy of Trial by Woman today!\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Trial_by_Woman_Cover_large.jpg?v=1543373247\" alt=\"\"\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-woman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial by Woman\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003eBy: \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/courtney-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eCourtney Rowley\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/theresa-bowen-hatch\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTheresa Bowen Hatch\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003ePaperback - $24.95\u003c\/p\u003e","blog_id":8099790907,"author":"Trialguides Admin","user_id":8256258107,"published_at":"2019-04-04T00:00:00-04:00","updated_at":"2019-04-04T00:00:00-04:00","summary_html":"","template_suffix":null,"handle":"trial-by-woman-featured-and-now-sold-on-goop","tags":""}},{"id" : 29268541494,"title" : "Sales Tax Charges on Purchases at Trial Guides","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2019,"articleMonth" : "April","articleURL" : "/blogs/news/sales-tax-charges-on-purchases-at-trial-guides","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Screen_Shot_2019-04-01_at_9.48.12_AM_1024x1024.png?v=1554137311","articleDate" : "April 1, 2019","articleExcerpt" : "<span>Since the beginning of Trial Guides in 2004, we prevented customer sales tax charges by placing our headquarters in Oregon, one of five states with no sales tax.   </span>","articleReadMoreText" : "Read more","articleJSON" : {"id":29268541494,"title":"Sales Tax Charges on Purchases at Trial Guides","created_at":"2019-04-01T12:48:31-04:00","body_html":"\u003cp\u003eSince the beginning of Trial Guides in 2004, we prevented customer sales tax charges by placing our headquarters in Oregon, one of five states with no sales tax.  \u003c\/p\u003e\n\u003cp\u003eAs you may know, in 2018 the US Supreme Court ruled in South Dakota v. Wayfair, 585 U.S. ____ (2018) [link: \u003ca href=\"https:\/\/www.supremecourt.gov\/opinions\/17pdf\/17-494_j4el.pdf%5D\" target=\"_blank\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.supremecourt.gov\/opinions\/17pdf\/17-494_j4el.pdf%255D\u0026amp;source=gmail\u0026amp;ust=1554220790130000\u0026amp;usg=AFQjCNH4Q6yJfLxOGilPVgPoLoj4eXN5mA\" rel=\"noopener noreferrer\"\u003ehttps:\/\/www.\u003cwbr\u003e\u003c\/wbr\u003esupremecourt.gov\/opinions\/\u003cwbr\u003e\u003c\/wbr\u003e17pdf\/17-494_j4el.pdf]\u003c\/a\u003e that a state can pass laws that create an economic nexus with an out of state eCommerce company.  As a result, several states have passed or revised their tax laws regarding taxation of out of state companies.  Trial Guides has carefully reviewed the tax laws of each state to determine how they impact our requirement to charge customers sales tax for their state.  In response, Trial Guides is now required to start charging sales tax to those customers purchasing for the following states: \u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eCalifornia\u003c\/li\u003e\n\u003cli\u003eColorado\u003c\/li\u003e\n\u003cli\u003eGeorgia\u003c\/li\u003e\n\u003cli\u003eIllinois\u003c\/li\u003e\n\u003cli\u003eLouisiana\u003c\/li\u003e\n\u003cli\u003eOklahoma\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cp\u003eCharges for the same products should carry the same or higher taxes if purchased from the Trial Guides store on \u003ca href=\"http:\/\/amazon.com\/\" target=\"_blank\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=http:\/\/amazon.com\u0026amp;source=gmail\u0026amp;ust=1554220790130000\u0026amp;usg=AFQjCNHKP5FKMtUFbFnOEGEf9vh5somIxQ\" rel=\"noopener noreferrer\"\u003eAmazon.com\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003eSales into the following states with economic nexus laws, were not sufficient in the past year to require sales tax collection:\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eAlabama\u003c\/li\u003e\n\u003cli\u003eConnecticut\u003c\/li\u003e\n\u003cli\u003eHawaii\u003c\/li\u003e\n\u003cli\u003eIndiana\u003c\/li\u003e\n\u003cli\u003eIowa\u003c\/li\u003e\n\u003cli\u003eKentucky\u003c\/li\u003e\n\u003cli\u003eMaine\u003c\/li\u003e\n\u003cli\u003eMaryland\u003c\/li\u003e\n\u003cli\u003eMassachusetts\u003c\/li\u003e\n\u003cli\u003eMichigan\u003c\/li\u003e\n\u003cli\u003eMississippi\u003c\/li\u003e\n\u003cli\u003eNebraska\u003c\/li\u003e\n\u003cli\u003eNew Jersey\u003c\/li\u003e\n\u003cli\u003eNevada\u003c\/li\u003e\n\u003cli\u003eNorth Carolina\u003c\/li\u003e\n\u003cli\u003eNorth Dakota\u003c\/li\u003e\n\u003cli\u003ePennsylvania\u003c\/li\u003e\n\u003cli\u003eRhode Island\u003c\/li\u003e\n\u003cli\u003eSouth Carolina\u003c\/li\u003e\n\u003cli\u003eSouth Dakota\u003c\/li\u003e\n\u003cli\u003eTennessee\u003c\/li\u003e\n\u003cli\u003eTexas\u003c\/li\u003e\n\u003cli\u003eUtah\u003c\/li\u003e\n\u003cli\u003eVermont\u003c\/li\u003e\n\u003cli\u003eWashington DC\u003c\/li\u003e\n\u003cli\u003eWisconsin\u003c\/li\u003e\n\u003cli\u003eWyoming\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cp\u003eAs a result, no sales tax will be charged to customers in these states.  For those customers choosing between ordering from the Trial Guides store on \u003ca href=\"http:\/\/amazon.com\/\" target=\"_blank\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=http:\/\/amazon.com\u0026amp;source=gmail\u0026amp;ust=1554220790130000\u0026amp;usg=AFQjCNHKP5FKMtUFbFnOEGEf9vh5somIxQ\" rel=\"noopener noreferrer\"\u003eAmazon.com\u003c\/a\u003e or the directly through the Trial Guides web site, it is likely that Amazon will charge sales tax for purchases from these states, but you will not pay sales tax when ordering directly from the Trial Guides web site. Depending upon the state, you may pay substantially more in sales taxes ordering from Amazon than Trial Guides directly.\u003c\/p\u003e\n\u003cp\u003eAdditionally, there is no sales tax into the following states:\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eAlaska\u003c\/li\u003e\n\u003cli\u003eDeleware\u003c\/li\u003e\n\u003cli\u003eMontana\u003c\/li\u003e\n\u003cli\u003eNew Hampshire\u003c\/li\u003e\n\u003cli\u003eOregon\u003c\/li\u003e\n\u003c\/ul\u003e\nTrial Guides has implemented new technology on the Trial Guides web site, and categorized each product according to the different states’ sales tax codes, to correctly calculate sales tax on your orders.  Given the language of the laws in each state, the sales tax determination will be made each year based upon sales from the prior year.","blog_id":8099790907,"author":"Trialguides Admin","user_id":8256258107,"published_at":"2019-04-01T12:47:00-04:00","updated_at":"2019-04-01T13:03:21-04:00","summary_html":"\u003cspan\u003eSince the beginning of Trial Guides in 2004, we prevented customer sales tax charges by placing our headquarters in Oregon, one of five states with no sales tax.   \u003c\/span\u003e","template_suffix":null,"handle":"sales-tax-charges-on-purchases-at-trial-guides","tags":"","image":{"created_at":"2019-04-01T12:48:31-04:00","alt":"","width":1600,"height":1068,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Screen_Shot_2019-04-01_at_9.48.12_AM.png?v=1554137311"}}},{"id" : 29249503286,"title" : "Karen Koehler Wins Record $123 Million PI Trial Jury Verdict in Washington State.","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2019,"articleMonth" : "March","articleURL" : "/blogs/news/karen-koehler-wins-record-123-million-pi-trial-jury-verdict-in-washington-state","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/iStock-497221924_1024x1024.jpg?v=1553790118","articleDate" : "March 28, 2019","articleExcerpt" : "<span>On February 7, 2019, Trial Guides contributor Karen Koehler (</span><span></span><a href="https://www.trialguides.com/products/preparing-for-depositions" target="_blank" rel="noopener noreferrer">Preparing for Deposition</a><span> Video) completed a four month trial that resulted in a record $123 Million PI trial jury verdict in Washington State.</span><span>  </span><span>Koehler was lead attorney, assisted by second chair Andrew Ackley, and a supporting trial team from the law firm Stritmatter Kessler Koehler Moore.</span><span> </span>","articleReadMoreText" : "Read more","articleJSON" : {"id":29249503286,"title":"Karen Koehler Wins Record $123 Million PI Trial Jury Verdict in Washington State.","created_at":"2019-03-28T12:21:58-04:00","body_html":"\u003cp\u003eOn February 7, 2019, Trial Guides contributor Karen Koehler (\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/preparing-for-depositions\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePreparing for Deposition\u003c\/a\u003e\u003c\/em\u003e) completed a four-month trial that resulted in a record $123 million personal injury trial jury verdict in Washington State. Koehler was lead attorney, assisted by second chair Andrew Ackley, and a supporting trial team from the  Stritmatter Kessler Koehler Moore law firm.\u003c\/p\u003e\n\u003cp\u003eThe case arose out of the September 24, 2015, Ride the Ducks crash on the Aurora Bridge in Seattle. An amphibious tour vehicle manufactured by Ride the Ducks International, and operated by Ride the Ducks Seattle, suffered a catastrophic axle fracture. The amphibious tour vehicle (duck) crossed the centerline and speared a motorcoach traveling in the opposite direction. The duck carried tourists. The bus carried international students. Both groups were on sightseeing trips. Five of the students were killed, and another seventy were injured. Koehler represented forty-four victims—including three of the death cases in trial. Multiple co-counsel for members of the group also provided support but delegated trial presentation to Koehler. Four of the cases, including one of the death cases, were settled early in the trial by co-counsel for $8.5 million.\u003c\/p\u003e\n\u003cp\u003eThe trial involved claims of negligence, common carrier negligence, product liability, and highway design. The State and City were also sued for lack of a median barrier. But the focus of the trial was always on the duck companies.\u003cspan\u003e \u003c\/span\u003eThe jury ultimately found no fault by the governmental entities.\u003c\/p\u003e\n\u003cp\u003eDefense motions had been made to bifurcate the trial, to try it in a style similar to class actions with bellweather plaintiffs. The court rejected these proposals and allowed the case to proceed with forty-four individual plaintiffs banded together through trial counsel. Plaintiffs flew in from around the country and world to testify, often with interpreters. On average, one plaintiff story was told each day of trial. Liability and damages were fully mixed with no separation.\u003c\/p\u003e\n\u003cp\u003eThe trial was extremely visual, from Koehler donning a captain’s hat and duck whistle during opening to a jury view of the vehicles off-site, skype testimony, onboard bus camera video, audio police interview, hundreds of photos, documents, life-size body boards, charts, and powerpoint slide shows for each witness.\u003c\/p\u003e\n\u003cp\u003eDuring trial, the duck defendants’ last offer was a high-low of $15 million to $30 million for the remaining forty claims. As a group, the total amount of special damages awarded was $10 million, with general damages of $110 million, and net loss to the estate of $3.5 million. Punitive damages are not allowed in Washington State. Plaintiffs’ request for punitive damages under a conflict of law theory as against RTDI in Missouri was denied.\u003c\/p\u003e\n\u003cp\u003eThe two duck companies have appealed the verdict and posted the full bond plus interest.\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eTrial Guides wants to congratulate Karen Koehler on a great trial outcome on behalf of her clients.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cem\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Preparing_for_Deposition_Website_Image_Final_large.jpg?v=1541805689\" alt=\"\"\u003e\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/preparing-for-depositions\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePreparing for Depositions\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003eBy: \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/karen-koehler\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKaren Koehler\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003eDVD - $185\u003c\/p\u003e","blog_id":8099790907,"author":"Trialguides Admin","user_id":8256258107,"published_at":"2019-03-28T12:21:00-04:00","updated_at":"2019-04-08T15:51:37-04:00","summary_html":"\u003cspan\u003eOn February 7, 2019, Trial Guides contributor Karen Koehler (\u003c\/span\u003e\u003cspan\u003e\u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/preparing-for-depositions\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePreparing for Deposition\u003c\/a\u003e\u003cspan\u003e Video) completed a four month trial that resulted in a record $123 Million PI trial jury verdict in Washington State.\u003c\/span\u003e\u003cspan\u003e  \u003c\/span\u003e\u003cspan\u003eKoehler was lead attorney, assisted by second chair Andrew Ackley, and a supporting trial team from the law firm Stritmatter Kessler Koehler Moore.\u003c\/span\u003e\u003cspan\u003e \u003c\/span\u003e","template_suffix":null,"handle":"karen-koehler-wins-record-123-million-pi-trial-jury-verdict-in-washington-state","tags":"","image":{"created_at":"2019-03-28T12:21:58-04:00","alt":"","width":5161,"height":3441,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/iStock-497221924.jpg?v=1553790118"}}},{"id" : 28656730166,"title" : "Book Review: Recovering for Psychological Injuries, Third Edition","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "william-barton", "tag" : "William Barton" }],"articleYear" : 2019,"articleMonth" : "March","articleURL" : "/blogs/news/book-review-recovering-for-psychological-injuries-third-edition","articleImageURL" : "","articleDate" : "March 25, 2019","articleExcerpt" : "By Michael Sporer, Sporer, Mah &amp; Co, New Westminster, BC Originally published in the Fall 2017 issue of The Verdict, the award-winning publication of the Trial Lawyers Association of British Columbia. In his classic 1975 book Trial Advocacy, Professor James W. Jeans wrote, “[t]he most difficult challenge that the plaintiff’s lawyer will face in closing argument is that of presenting an evaluation of the plaintiff’s pain and suffering, past and future.”[1] Jeans, who died in 2006, was one of the leading trial advocacy teachers of his time. He offered various ways to present the pain and suffering flowing from physical disability and disfigurement. But...","articleReadMoreText" : "Read more","articleJSON" : {"id":28656730166,"title":"Book Review: Recovering for Psychological Injuries, Third Edition","created_at":"2019-01-17T17:39:42-05:00","body_html":"\u003cp\u003eBy Michael Sporer, \u003ca href=\"https:\/\/www.sporermah.net\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSporer, Mah \u0026amp; Co\u003c\/a\u003e, New Westminster, BC\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eOriginally published in the Fall 2017 issue of \u003ca href=\"https:\/\/www.tlabc.org\/index.cfm?pg=TheVerdictLatestIssue\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Verdict\u003c\/em\u003e\u003c\/a\u003e, the award-winning publication of the \u003ca href=\"https:\/\/www.tlabc.org\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial Lawyers Association of British Columbia\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003eIn his classic 1975 book \u003cem\u003eTrial Advocacy\u003c\/em\u003e, Professor James W. Jeans wrote, “[t]he most difficult challenge that the plaintiff’s lawyer will face in closing argument is that of presenting an evaluation of the plaintiff’s pain and suffering, past and future.”\u003ca href=\"#_ftn1\" name=\"_ftnref1\"\u003e\u003csup\u003e[1]\u003c\/sup\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003eJeans, who died in 2006, was one of the leading trial advocacy teachers of his time. He offered various ways to present the pain and suffering flowing from physical disability and disfigurement. But he touched on something more: the need to consider the psychological impact of those physical injuries.\u003c\/p\u003e\n\u003cp\u003e“A loss of limb,” wrote Jeans, “involves the same psychic effect as that experienced with the infliction of a facial scar…the stump might be concealed behind a folded sleeve, but the victim is conscious of his loss. The integrity of the body has been violated and the frame with which he was born has been lessened and is no longer whole. Many medical articles have been written of the personality changes which frequently attend a loss of limb.”\u003ca href=\"#_ftn2\" name=\"_ftnref2\"\u003e\u003csup\u003e[2]\u003c\/sup\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003eJeans, as he often did, had an important message: a lawyer proving damages should not forget the psychological losses that flow from a physical injury; a presentation of the emotional impact can add to the damages.    \u003c\/p\u003e\n\u003cp\u003eJump ahead nearly a half-century. An increasing number of cases add a twist to the scenario described by Jeans. In these cases, the primary injuries are not physical, they are psychological. Sexual assaults, or workplace harassment, or other tortious acts causing post-traumatic stress disorder, or similar emotional impairment, are the kinds of cases lawyers routinely face, where the primary injury suffered by the client might not be physical, but rather psychological.   \u003c\/p\u003e\n\u003cp\u003eAnd while most lawyers agree with Jeans that presenting and proving damages from a physical injury can be a challenge, almost all would say that cases where the primary injury is psychological can be even tougher.\u003c\/p\u003e\n\u003cp\u003eWhat to do?\u003c\/p\u003e\n\u003cp\u003eWhile presenting and proving cases where the primary injury is psychological is challenging, there is a reliable guide: Oregon lawyer \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/william-a-barton\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWilliam A. Barton\u003c\/a\u003e, who has written an excellent book to help negotiate this difficult terrain. \u003ca href=\"https:\/\/www.trialguides.com\/products\/recovering-for-psychological-injuries\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRecovering for Psychological Injuries\u003c\/em\u003e\u003c\/a\u003e, now in its third edition, lifts Barton to the status of a modern-day Jeans. He has written a book of great assistance to the legal profession, a book that should develop a stronger following in British Columbia than it has to date.  \u003c\/p\u003e\n\u003cp\u003eThough the book is focused on psychological injuries, it does more. Barton is an experienced senior lawyer, who has been committed to teaching trial advocacy skills to young lawyers in Oregon for years. This wise teacher offers general advice, time and time again, that new lawyers should carefully consider. \u003c\/p\u003e\n\u003cp\u003e“If you are just starting to practice,” writes Barton, “and do not have the luxury of picking from several prospective claims, consider referring your large cases to a lawyer who has the necessary experience. Apprentice yourself to the senior lawyer. The case will probably be worth much more, and you will learn more…and be better prepared to handle the next large case that comes your way.”\u003c\/p\u003e\n\u003cp\u003eWhile the general advice is something all lawyers will find helpful, the focus of the book is on psychological injuries, and a central theme involves a contrast that Barton draws between what he calls the “quantitative” approach and the “qualitative” approach.  The quantitative approach is a “deductive, right-brain way of seeing things” – a sterile, traditional, algebraic model taught in law school – while the qualitative approach “derives conclusions inductively, by focusing on the uniqueness of the loss to the specific individual.”\u003c\/p\u003e\n\u003cp\u003eBarton illustrates the basic difference between the approaches, and, drawing from New Testament scripture, offers the example of two very different people: a millionaire, and a beggar who has only one dollar. “Take away half of what each possesses,” writes Barton, “and then ask, ‘Who has lost more?’ ” Taking a qualitative analysis, the beggar’s loss may well seem more meaningful to him.   \u003c\/p\u003e\n\u003cp\u003eFrom that starting point – and merging his ideas with earlier contributions by lawyers like \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/moe-levine\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMoe Levine\u003c\/a\u003e – Barton develops a template for presenting psychological injuries. His approach is particularly effective where the plaintiff has pre-existing issues and challenges, and this makes his approach all the more valuable.\u003c\/p\u003e\n\u003cp\u003eThe well-organized book is easy to read and digest. Barton offers “Eleven Commandments” for psychological injury cases and follows up his rules for success with sobering advice on what to avoid: twenty-one common mistakes that lawyers make in handling psychological cases.\u003c\/p\u003e\n\u003cp\u003eHe sometimes offers advice that parts ways with the general approach taken by injury lawyers in British Columbia. For example, he urges lawyers to have the client contribute to the costs of the injury litigation “in an amount sufficient to temper emotion with realism.” The exact amount doesn’t matter, “so long as it’s enough to motivate the client to be reasonable.” Barton believes that this will be important when it comes time to settle the case reasonably. The immediate reaction to this is to disagree, yet on this point (and more than once, throughout the book) upon careful reflection, one concludes it would be wise to carefully consider Barton’s advice, and not dismiss what seems like an unconventional idea out of hand.\u003c\/p\u003e\n\u003cp\u003eBarton provides insight into the use of treating physicians’ evidence, presenting the plaintiff’s case in chief, cross-examination, and closing argument. There is detailed commentary on the sexual abuse of patients by therapists and on child sexual abuse cases.  At the end of the book, appendices 1 and 2 provide examples of expert testimony in child sexual abuse cases. A lawyer handling such a case, who has never read Barton’s book, should immediately order a copy.  \u003c\/p\u003e\n\u003cp\u003eBarton is more than an outstanding trial lawyer. He has, for many years, been a dedicated teacher, passing on trial skills to a generation of lawyers. His students have learned to trust him. New readers, too, will grow to trust him, as they absorb more than 700 pages of his advice in this important contribution to the practice of law.   \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cdiv\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Recovering_for_Psychological_Injuries_large.jpg?v=1539975420\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cmeta charset=\"utf-8\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cem\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/recovering-for-psychological-injuries\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRecovering for Psychological Injuries\u003c\/a\u003e\u003c\/strong\u003e by \u003c\/em\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/william-a-barton\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWilliam A. Barton\u003c\/a\u003e\u003c\/em\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003c\/strong\u003eHardcover $95.00\u003cem\u003e\u003cbr\u003e\u003c\/em\u003e\n\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref1\" name=\"_ftn1\"\u003e\u003csup\u003e[1]\u003c\/sup\u003e\u003c\/a\u003e Jeans, James W. \u003cem\u003eTrial Advocacy\u003c\/em\u003e, (St. Paul: West Publishing Company, 1975). \u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref2\" name=\"_ftn2\"\u003e\u003csup\u003e[2]\u003c\/sup\u003e\u003c\/a\u003e Jeans, at 309.\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\u003cbr\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-03-25T17:23:00-04:00","updated_at":"2019-03-25T17:23:32-04:00","summary_html":"","template_suffix":null,"handle":"book-review-recovering-for-psychological-injuries-third-edition","tags":"Book Review, William Barton"}},{"id" : 28725444662,"title" : "Ask, Analyze, and Act","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "jury-bias", "tag" : "Jury Bias" }],"articleYear" : 2019,"articleMonth" : "March","articleURL" : "/blogs/news/ask-analyze-and-act","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/WinningCasePrep006_banner2_1024x1024.png?v=1549476601","articleDate" : "March 19, 2019","articleExcerpt" : "Ashley B. Fournet reviews Winning Case Preparation: Understanding Jury Bias by David R. Bossart, Gregory Cusimano, Edward H. Lazarus &amp; David A. Wenner  Winning Case Preparation: Understanding Jury Bias is a book from which every lawyer can benefit. David Bossart, Gregory Cusimano, Edward Lazarus, and David Wenner use their collective knowledge and experience as trial lawyers and jury bias experts to identify and discuss how to combat anti-plaintiff jury biases. An essential read for trial lawyers, this book provides excellent insights into how to configure your case. Building on their focus group research, the authors describe five common biases jurors may exhibit—suspicion, victimization, personal responsibility,...","articleReadMoreText" : "Read more","articleJSON" : {"id":28725444662,"title":"Ask, Analyze, and Act","created_at":"2019-02-06T13:10:01-05:00","body_html":"\u003cp\u003eAshley B. Fournet reviews \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias \u003c\/em\u003e\u003c\/a\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-r-bossart\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid R. Bossart\u003c\/a\u003e\u003cspan\u003e, \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/gregory-cusimano\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGregory Cusimano\u003c\/a\u003e\u003cspan\u003e, \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/edward-h-lazarus\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eEdward H. Lazarus\u003c\/a\u003e\u003cspan\u003e \u0026amp; \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-a-wenner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid A. Wenner\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e\u003c\/a\u003e is a book from which every lawyer can benefit. David Bossart, Gregory Cusimano, Edward Lazarus, and David Wenner use their collective knowledge and experience as trial lawyers and jury bias experts to identify and discuss how to combat anti-plaintiff jury biases. An essential read for trial lawyers, this book provides excellent insights into how to configure your case.\u003c\/p\u003e\n\u003cp\u003eBuilding on their focus group research, the authors describe five common biases jurors may exhibit—suspicion, victimization, personal responsibility, “stuff happens,” and “blame the plaintiff.”  They provide a strategy to respond to these biases using 10 principles, which they call the “Ten Commandments.” One principle, for example, directs lawyers to use confirmation bias to the plaintiff’s benefit by developing a trial story that confirms jurors’ beliefs rather than contradicts them.\u003c\/p\u003e\n\u003cp\u003eAfter explaining these biases, the authors’ response strategy, and the research and psychological studies that support their approach, the book shifts to providing a framework—called “Bottom Up™”—for developing each case. The authors challenge readers to reexamine the typical preparation model of determining the applicable law and then attempting to frame the case facts in relation to it. While this approach seems logical, they argue that it is not the most persuasive method because it does not overcome juror biases.\u003c\/p\u003e\n\u003cp\u003eInstead, the authors encourage trial lawyers to begin their case evaluation by learning through focus groups what jurors think are the essential issues. Lawyers can use that information to frame their trial stories—and conduct more focused discovery. One example in the book describes how, after receiving negative focus group feedback in a medical malpractice case, Cusimano asked the focus group what would change their minds about the defendant’s liability: They stated that they would feel differently if there was proof that a delay caused the injury. The plaintiff lawyers applied that information and learned that there was a delay in treatment due to a locked operating room door, which was important—it led to the discovery necessary to win the case.\u003c\/p\u003e\n\u003cp\u003eThe authors also cite valuable sources that further explain juror mindsets and flesh out some of the biases and concepts identified. For lawyers unable to implement the full Bottom Up method, the book suggests other options, such as conducting informal focus groups with friends or through social media.\u003c\/p\u003e\n\u003cp\u003eAll plaintiff lawyers should consider the lens through which jurors view their clients’ stories—and this book provides an excellent concept and method for doing so.  \u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAshley B. Fournet\u003c\/em\u003e\u003c\/strong\u003e\u003cem\u003e is an attorney at Brodhead Law in Atlanta.\u003c\/em\u003e\u003cstrong\u003e \u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eI recommend this book for people who: \u003c\/strong\u003ewant to create a winning and persuasive trial story.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eMy favorite thing about the book is: \u003c\/strong\u003ethe numerous case examples used to illustrate its principles.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eI learned: \u003c\/strong\u003e When framing a safety issue, focus on how the defendant failed to meet standards and not how finding for the plaintiff will lead to a safer community.   \u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eMy favorite line: \u003c\/strong\u003e“Attorneys often wait too long to do focus groups on a significant case because their own optimism about the case leads them to believe that it will settle.”\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eYou may also like: \u003c\/strong\u003e\u003ca href=\"https:\/\/nyupress.org\/books\/9781479814183\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Psychology of Tort Law\u003c\/em\u003e\u003c\/a\u003e by Jennifer K. Robbennolt and Valerie P. Hans\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Winning_Case_Prep_large.jpg?v=1539976165\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWinning Case Preparation\u003c\/a\u003e\u003c\/strong\u003e\u003cspan\u003e \u003c\/span\u003e\u003cbr\u003eby\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-r-bossart\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid R. Bossart\u003c\/a\u003e,\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/gregory-cusimano\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGregory Cusimano\u003c\/a\u003e,\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/edward-h-lazarus\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eEdward H. Lazarus\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u0026amp;\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-a-wenner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid A. Wenner\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003cbr\u003ePaperback - $115.00\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e \u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eFournet Book Review October 2018 TRIAL\u003c\/p\u003e\n\u003cp\u003eReprinted with permission of \u003cem\u003eTrial\u003c\/em\u003e\u003csup\u003e®\u003c\/sup\u003e (October 2018)\u003c\/p\u003e\n\u003cp\u003eCopyright © 2018 American Association for Justice\u003csup\u003e®\u003c\/sup\u003e,\u003c\/p\u003e\n\u003cp\u003eFormerly Association of Trial Lawyers of America (ATLA\u003csup\u003e®\u003c\/sup\u003e)\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003e\u003ca href=\"http:\/\/www.justice.org\/publications\"\u003ewww.justice.org\/publications\u003c\/a\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-03-19T16:14:00-04:00","updated_at":"2019-03-19T16:14:49-04:00","summary_html":"","template_suffix":null,"handle":"ask-analyze-and-act","tags":"Book Review, Jury Bias","image":{"created_at":"2019-02-06T13:10:01-05:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/WinningCasePrep006_banner2.png?v=1549476601"}}},{"id" : 29040541750,"title" : "Fireside Chats Discontinued… New Learning Platform to be Launched 2019","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "jury-bias", "tag" : "Jury Bias" }],"articleYear" : 2019,"articleMonth" : "March","articleURL" : "/blogs/news/fireside-chats-discontinued-new-learning-platform-to-be-launched-2019","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/iStock-627225530_banner_1024x1024.jpg?v=1551827060","articleDate" : "March 5, 2019","articleExcerpt" : "A message from Trial Guides Director of Digital Marketing Last year, we launched the Trial Guides Fireside Chats Series, a series of live video interviews  with Trial Guides authors that explored their insights and methods. We were so very pleased that our customers found these videos interesting and valuable in a way that provided further context into the techniques and processes our authors conduct in and out of the courtroom. In fact, our customers enjoyed our videos so much, we are launching a new streaming video learning platform later in 2019. This new service will bring you not only more...","articleReadMoreText" : "Read more","articleJSON" : {"id":29040541750,"title":"Fireside Chats Discontinued… New Learning Platform to be Launched 2019","created_at":"2019-03-05T17:58:24-05:00","body_html":"\u003cp\u003eA message from Trial Guides Director of Digital Marketing\u003c\/p\u003e\n\u003cp\u003eLast year, we launched the Trial Guides Fireside Chats Series, a series of live video interviews  with Trial Guides authors that explored their insights and methods. We were so very pleased that our customers found these videos interesting and valuable in a way that provided further context into the techniques and processes our authors conduct in and out of the courtroom.\u003c\/p\u003e\n\u003cp\u003eIn fact, our customers enjoyed our videos so much, we are launching a new streaming video learning platform later in 2019. This new service will bring you not only more on demand interviews with our authors, but also accredited sessions to provide applicable CLE credits. .\u003c\/p\u003e\n\u003cp\u003eIn the interim between the launch of our new interactive learning platform later this year and the present, trialguideslive.com and all of the Fireside Chat videos on social media (YouTube, Vimeo, ect.) have been taken down. Many of these videos will be available when we launch our new learning platform, and we appreciate your understanding as we work diligently to produce this new service that is sure to enrich the lives of many of our customers, near and far.\u003c\/p\u003e\n\u003cp\u003eIn the meantime, we have recently partnered with the \u003ca href=\"https:\/\/triallawyernation.com\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial Lawyer Nation Podcast\u003c\/a\u003e. A program that often features our authors and is now providing special discounts on Trial Guides products to their loyal audience. Their most recent episode featured Trial Guides author \u003ca href=\"https:\/\/triallawyernation.com\/episode\/29-keith-mitnik\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik, and was released on March 1, 2019.\u003c\/a\u003e They have interviewed several of our authors in the past as well, such as \u003ca href=\"https:\/\/triallawyernation.com\/episode\/24-michael-leizerman\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMichael Leizerman\u003c\/a\u003e, \u003ca href=\"https:\/\/triallawyernation.com\/episode\/05-randi-mcginn\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRandi McGinn,\u003c\/a\u003e \u003ca href=\"https:\/\/triallawyernation.com\/episode\/02-joe-fried\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eJoe Fried,\u003c\/a\u003e\u003ca href=\"https:\/\/triallawyernation.com\/episode\/01-josh-karton\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e Joshua Karton,\u003c\/a\u003e and\u003ca href=\"https:\/\/triallawyernation.com\/episode\/09-artemis-malekpour-all-inclusive-trial-strategy\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e Artemis Malekpour.\u003c\/a\u003e (Please click on any of their names to be taken to their interview.)\u003c\/p\u003e\n\u003cp\u003eWe truly appreciate all of the great feedback on our videos and products. We will continue to develop, produce, and deliver expert-level video content to meet the ever growing needs of our expanding customer base. We are so excited to roll out our new interactive learning platform later this year.\u003c\/p\u003e\n\u003cp\u003eBest, \u003c\/p\u003e\n\u003cp\u003e--\u003c\/p\u003e\n\u003cp\u003eCory A. Burnsed\u003c\/p\u003e\n\u003cp\u003eDirector of Digital Marketing\u003c\/p\u003e\n\u003cp\u003eTrial Guides LLC\u003c\/p\u003e","blog_id":8099790907,"author":"Cory Burnsed","user_id":28826501179,"published_at":"2019-03-05T18:04:00-05:00","updated_at":"2019-03-05T18:04:20-05:00","summary_html":"","template_suffix":null,"handle":"fireside-chats-discontinued-new-learning-platform-to-be-launched-2019","tags":"","image":{"created_at":"2019-03-05T18:04:20-05:00","alt":"","width":959,"height":287,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/iStock-627225530_banner.jpg?v=1551827060"}}},{"id" : 28836134966,"title" : "Urgent: Comment on 30(b)(6) Rule Change TODAY","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "jury-bias", "tag" : "Jury Bias" }],"articleYear" : 2019,"articleMonth" : "February","articleURL" : "/blogs/news/urgent-comment-on-30b6-rule-change-today","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/pillars_955_2048x_0f1763b6-9592-4dec-8912-6cb1e8ac110d_1024x1024.jpg?v=1550182450","articleDate" : "February 14, 2019","articleExcerpt" : "Trial Guides author Mark Kosieradzki (author of 30(b)(6): Deposing Corporations, Organizations, and the Government) sent us this important announcement: On Friday February 8, I testified before the Federal Rules Committee in Washington DC about proposed changes to Rule 30(b)(6). Even if you don’t practice in federal court, there are 50 state-level laws similar to Rule 30(b)(6) that will likely follow its precedents.  The proposal that was being considered was as follows: Before or promptly after the notice or subpoena is served, and continuing as necessary, the serving party and the organization must confer in good faith about the number and...","articleReadMoreText" : "Read more","articleJSON" : {"id":28836134966,"title":"Urgent: Comment on 30(b)(6) Rule Change TODAY","created_at":"2019-02-14T17:12:36-05:00","body_html":"\u003cp\u003eTrial Guides author \u003ca href=\"https:\/\/u2qfogz3gx9h5mwo-213418043.shopifypreview.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMark Kosieradzki\u003c\/a\u003e (author of \u003cem\u003e30(b)(6): Deposing Corporations, Organizations, and the Government\u003c\/em\u003e) sent us this important announcement:\u003c\/p\u003e\n\u003cp\u003eOn Friday February 8, I testified before the Federal Rules Committee in Washington DC about proposed changes to Rule 30(b)(6).\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eEven if you don’t practice in federal court, there are 50 state-level laws similar to Rule 30(b)(6) that will likely follow its precedents.\u003c\/strong\u003e \u003c\/p\u003e\n\u003cp\u003eThe proposal that was being considered was as follows:\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eBefore or promptly after the notice or subpoena is served, and continuing as necessary, the serving party and the organization must confer in good faith about the number and description of the matters for examination and the identity of each person the organization will designate to testify.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe corporate interests were well organized and heavily represented. They relentlessly pushed to expand the proposed rule changes to limit the number of topics which could be listed in a 30(b)(6) notice. \u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eWhat started as good proposal to meet and confer about the notice has the potential of limiting access to relevant information and becoming a new cottage industry of litigation. By creating presumptive limits of areas of inquiry, there is a very real risk that responding organizations will claim \u003cem\u003eevery\u003c\/em\u003e notice is overbroad. Then when we provide them with greater specificity, they will claim that the notice goes beyond the presumptive limit of topics.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eI am concerned that enormous turnout by the defense will result in a lopsided public comment record that will be used to limit access to relevant information using 30(b)(6).\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIt is really important that you personally send in a comment about how limiting topics will harm your clients. \u003c\/em\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eDEADLINE: 11:59 p.m. Eastern, February 15, 2019\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eThe corporate interests were pushing hard for presumptive limits of topics. We have to make it clear through the public comment that it is a bad idea designed to tilt the scale in favor of corporations. Corporations have been putting on a full court press. We really need you, members of your firm, and your colleagues to file comments opposing the presumptive limits to topics of examination, with specific examples of how individual plaintiffs will be harmed.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003ePosting a comment is easy. It takes 5 minutes. Go to \u003c\/strong\u003e\u003ca href=\"https:\/\/www.regulations.gov\/docket?D=USC-RULES-CV-2018-0003\"\u003e\u003cstrong\u003ehttps:\/\/www.regulations.gov\/docket?D=USC-RULES-CV-2018-0003\u003c\/strong\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eDEADLINE: 11:59 p.m. Eastern, February 15, 2019\u003c\/strong\u003e \u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe points that I consider important are:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eRule 30(b)(6) does not need to be changed.\u003c\/li\u003e\n\u003cli\u003eRule 30(b)(6) works when the case law is followed.\u003c\/li\u003e\n\u003cli\u003eRule 30(b)(6) is the most efficient tool to gain access to information which is exclusively controlled by corporations.\u003c\/li\u003e\n\u003cli\u003eLimiting access to relevant information tips the scales in favor of corporations.\u003c\/li\u003e\n\u003cli\u003eThere isn’t a real problem of overburdensome requests.\u003c\/li\u003e\n\u003cli\u003eStories of abuse are at best anecdotal.\u003c\/li\u003e\n\u003cli\u003eIf there was a serious problem it would be seen in motions for protective orders. There are very few motions asking limitation of topics.\u003c\/li\u003e\n\u003cli\u003eGood lawyers work out disputes using the existing meet and confer process.\u003c\/li\u003e\n\u003cli\u003ePresumptive limits on “topics” will result in gamesmanship as to what constitutes a “topic.”\u003c\/li\u003e\n\u003cli\u003ePresumptive limits on “topics” will encourage crafting broader notices.\u003c\/li\u003e\n\u003cli\u003eBroader notices will be more difficult to prepare for and result in more unprepared witnesses.\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cp\u003eAlthough Rule 30(b)(6) does not need to be changed, adding language in the comments establishing that a meet-and-confer process is necessary before making a motion for protective orders would memorialize the practice that good lawyers already do.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003ePLEASE, PLEASE, PLEASE \u003c\/strong\u003esend your comments on the proposed rule change to the Committee on Rules of Practice and Procedure by\u003cstrong\u003e 11:59 p.m. Eastern, February 15, 2019\u003c\/strong\u003e.\u003c\/p\u003e\n\u003cp\u003ePost your comments here:\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/koslawfirm.us15.list-manage.com\/track\/click?u=bcbd6604d1ecbd3f9c2310126\u0026amp;id=75d68f65e1\u0026amp;e=b130ee453f\"\u003ehttps:\/\/www.regulations.gov\/docket?D=USC-RULES-CV-2018-0003\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eTHIS IS REALLY A BIG DEAL.\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eThank you.\u003c\/p\u003e\n\u003cp\u003eMark Kosieradzki\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Melanie Becic","user_id":25485803579,"published_at":"2019-02-14T17:14:00-05:00","updated_at":"2019-02-14T19:05:29-05:00","summary_html":"","template_suffix":null,"handle":"urgent-comment-on-30b6-rule-change-today","tags":"","image":{"created_at":"2019-02-14T17:14:10-05:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/pillars_955_2048x_0f1763b6-9592-4dec-8912-6cb1e8ac110d.jpg?v=1550182450"}}},{"id" : 28817621046,"title" : "Trial Guides Discover Feature","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "jury-bias", "tag" : "Jury Bias" }],"articleYear" : 2019,"articleMonth" : "February","articleURL" : "/blogs/news/trial-guides-discover-feature","articleImageURL" : "","articleDate" : "February 12, 2019","articleExcerpt" : "Trial Guides provides lawyers with the skills they need to find justice for their clients. We pride ourselves on our commitment to accessibility, clarity, and a unique focus on the practical aspects of legal practice and proven tactics and strategies from many of the top lawyers and legal consultants from around the country. In our quest to deliver on this promise, we constantly work on creating new products and user experiences to better serve your needs. When we relaunched our website at the end of 2018, we added a new "Discover" feature to our website to make it easier for...","articleReadMoreText" : "Read more","articleJSON" : {"id":28817621046,"title":"Trial Guides Discover Feature","created_at":"2019-02-11T19:03:47-05:00","body_html":"\u003cp\u003e\u003cspan\u003eTrial Guides provides lawyers with the skills they need to find justice for their clients.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003e We pride ourselves on our commitment to accessibility, clarity, and a unique focus on the practical aspects of legal practice and proven tactics and strategies from many of the top lawyers and legal consultants from around the country.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eIn our quest to deliver on this promise, we constantly work on creating new products and user experiences to better serve your needs.\u003c\/p\u003e\n\u003cp\u003eWhen we relaunched our website at the end of 2018, we added a new \"Discover\" feature to our website to make it easier for you to find what you are looking for. This feature will help you find the best Trial Guides resources for the specific case type or skill set you are looking for, and it features top resources from other publishers. \u003c\/p\u003e\n\u003cp\u003eWe believe that your mastery of the law or practice thereof doesn't, and shouldn't, have to end at passing the bar.\u003c\/p\u003e\n\u003cp\u003eYou can find our discover pages from our home screen navigation. On a computer, you will see the \"Discover\" link at the top of the page.\u003c\/p\u003e\n\u003cp\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/Header-Discover_large.jpg?v=1550003660\" alt=\"\"\u003e\u003c\/p\u003e\n\u003cp\u003eOn a tablet or mobile device, you will find the discover page in the navigation menu at the top right corner of your screen. Once you click on the menu, select \"Discover\" from the drop-down menu. \u003c\/p\u003e\n\u003cp\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/Discover-Mobile_large.jpg?v=1550003745\" alt=\"\"\u003e\u003c\/p\u003e\n\u003cp\u003eOnce on the discover page, you can browse resource lists by case type or skill set.\u003c\/p\u003e\n\u003cp\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/Doscover_Page_with_Arrows_large.jpg?v=1550003975\" alt=\"\"\u003e\u003c\/p\u003e\n\u003cp\u003eBe sure to check back as we continue to update our resource lists and add more case types and skill sets to better meet your needs. \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Melanie Becic","user_id":25485803579,"published_at":"2019-02-12T16:14:00-05:00","updated_at":"2019-02-14T19:05:21-05:00","summary_html":"","template_suffix":null,"handle":"trial-guides-discover-feature","tags":""}},{"id" : 28637233206,"title" : "The Mindful Trial Lawyer","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2019,"articleMonth" : "February","articleURL" : "/blogs/news/the-mindful-trial-lawyer","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/ZenLawyer_001_banner_copy_1024x1024.png?v=1549577710","articleDate" : "February 7, 2019","articleExcerpt" : "Reviewed by Anna Burr Originally published in the Oct/Nov 2018 issue of Trial Talk, the bi-monthly magazine of the Colorado State Trial Lawyer's Association. Of all the trial strategy resources available to attorneys, connecting with the jury may be the most important one.  We enter courtrooms as perhaps the least credible of everyone present, and as quickly as possible, we must establish a rapport with the six skeptics in the jury box.  Ideally, we accomplish this feat while also crushing defense experts, villainizing defendants, appeasing the judge, and highlighting our worthy clients.  It’s a lot.  In the new book, The Zen Lawyer: Winning...","articleReadMoreText" : "Read more","articleJSON" : {"id":28637233206,"title":"The Mindful Trial Lawyer","created_at":"2019-01-11T18:04:26-05:00","body_html":"\u003cp\u003eReviewed by Anna Burr\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cspan\u003eOriginally published in the Oct\/Nov 2018 issue of \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.ctlanet.org\/index.cfm?pg=Advertise%20TrialTalk\" target=\"_blank\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.ctlanet.org\/index.cfm?pg%3DAdvertise%2520TrialTalk\u0026amp;source=gmail\u0026amp;ust=1547333483479000\u0026amp;usg=AFQjCNEVbIVT0aRlIs3DY17R5Z77tHrO7Q\" rel=\"noopener noreferrer\"\u003eTrial Talk\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e, the bi-monthly magazine of the \u003ca href=\"https:\/\/www.ctlanet.org\/\" target=\"_blank\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.ctlanet.org\/\u0026amp;source=gmail\u0026amp;ust=1547333483479000\u0026amp;usg=AFQjCNHev2vwuVCJ-IQoyge8ihrvknPsBQ\" rel=\"noopener noreferrer\"\u003eColorado State Trial Lawyer's Association\u003c\/a\u003e\u003c\/span\u003e\u003cspan\u003e.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eOf all the trial strategy resources available to attorneys, connecting with the jury may be the most important one.  We enter courtrooms as perhaps the least credible of everyone present, and as quickly as possible, we must establish a rapport with the six skeptics in the jury box.  Ideally, we accomplish this feat while also crushing defense experts, villainizing defendants, appeasing the judge, and highlighting our worthy clients.  It’s a lot.  In the new book, \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Zen Lawyer: Winning with Mindfulness\u003c\/em\u003e\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/michael-leizerman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMichael Leizerman\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/jay-rinsen-weik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eJay Rinsen Weik\u003c\/a\u003e suggest we become exceptional trial attorneys when we strive to be “awakened.”  By this Leizerman intends us to be “loving, knowledgeable, compassionate, and wise while directly experiencing reality.”  He asks us to shift our courtroom experience into a nonjudgmental awareness of everything that is happening both in the courtroom and within ourselves.  While it sounds complicated, Leizerman breaks down this approach into five “cores” to help develop an awakened approach to the practice of law.\u003c\/p\u003e\n\u003cp\u003eEach Core, Physical, Emotional, Logical, Motivational, and Zen, is then subdivided into six aspects, including the Core’s location within the body, what skill the Core helps to develop, and how each Core impacts the jury experience.  By mastering each of these Cores, we can create a more authentic experience for the jury, causing them to understand and accept our clients’ stories for themselves, as opposed to merely adopting (or not), what we as lawyers have to say.\u003c\/p\u003e\n\u003cp\u003eThe first Core, perhaps the easiest to grasp, is the Physical Core.  This Core relies heavily on the practice of meditation for centering the mind and the body.  It focuses on the physical five senses (sight, hearing, touch, smell, and taste), to help the jury realize the physical truth of the client’s case.  In practice, accomplishing this element involves applying fundamentals of good story-telling to help the jury experience the physical reality of the situation.\u003c\/p\u003e\n\u003cp\u003eThe second Core is the Emotional Core. It asks us to feel the case.  For those lawyers who have successfully shut off their emotions when guiding clients through the legal process, this section of \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Zen Lawyer\u003c\/em\u003e\u003c\/a\u003e suggests we turn those emotions back on.  Leizerman takes this further, though, in asking readers to be mindful of the negative emotions we often experience while practicing law.  First, he discusses the “three poisons,” which are greed, anger, and ignorance.  If we hold any of these three emotions within ourselves, they impact our effectiveness in legal practice.  Instead, we should \u003cstrong\u003erecognize\u003c\/strong\u003e the presence of the emotion, take a moment to \u003cstrong\u003eregret\u003c\/strong\u003e the harm it’s done, and then \u003cstrong\u003erelease\u003c\/strong\u003e it, or let it go.  The emotion of anger can easily take control of a situation.  In cross-examination, for example, allowing anger to control will impact the effectiveness of the cross, and could cause the jury’s focus to shift away from the witness’ faults and onto the out of control attorney.  By acknowledging the anger and letting it go, it allows emotional space for the jury to feel their own anger towards the witness – a more meaningful experience for the jury. \u003c\/p\u003e\n\u003cp\u003eThe third Core is the Logical Core. It asks what we think about the case and what the jury thinks about the case. By paying close attention to our thoughts regarding a case, we can identify logical gaps, and find a way to communicate the case simply.  This section of the book spends a great deal of time on avoiding legalese, simplifying concepts, and drawing clear conclusions that are easy for jurors to understand.  This section proposes we distill the case down to one or two “core truths” (rules), and maintain focus on those core truths throughout the trial.  Through mindfulness, we can recognize when thoughts are pulled away from that core truth, and then redirect the case back toward those case fundamentals we’ve identified.  Through focus on those truths and frequent repetition during trial, the jury adopts them as well.\u003c\/p\u003e\n\u003cp\u003eThe fourth Core is the Motivational Core.  This core is located in the breath, and involves developing compassion for our clients to encourage the jury to take action in our favor.  The first step in mastering this Core is to identify our own motivations as lawyers.  In other words, we must identify our “why.”  Is it greed—one of the three poisons?  Or do we have Zen motivation—a desire to reduce suffering and create good in the world? By being mindful of our motivations (and having the right motivations) first, we can then expand the practice into exploring the motivations of others who are involved in the case.  This is derived from what is called “metta” practice, which is translated as goodwill or loving-kindness.  By first practicing goodwill towards ourselves, we then turn that outwards to others. First, we extend goodwill to our loved ones, then gradually out further to include neutral people and even those we perceive as our enemies.  Through mindfulness we can better place ourselves in the positions of others, understanding their positions, and from there begin to prepare deposition testimony and witness examinations. \u003c\/p\u003e\n\u003cp\u003eThe fifth and final core is the Zen Core.  “Be the Case.”  This last section of the book answers the question of how to be present in the courtroom—how to engage the jury and truly make them a part of the case.  We do this by bringing all of the first four cores together into one mindful experience with everyone in the courtroom.  Earlier in the book, Leizerman introduces a Zen concept of Koan (KOE-an).  Koans are situations that initially seem unsolvable, but through meditation, the answer becomes clear.  Koans rely on centering and a focus on the breath to see through the problem and arrive upon a solution.  “Being the Case” is similar. When our minds are open to everything equally, insights come.  By bringing all of these elements together—senses, logic, emotion, the meaning of a verdict—the jury experiences the case rather than just hearing the case. And by experiencing the case, they have an internal desire to help our clients.\u003c\/p\u003e\n\u003cp\u003eMany of the concepts of this book are difficult to summarize in a couple of pages.  While many of the practices seem similar to those written by other great trial lawyers, Leizerman connects them together in a unique way.  As logical thinkers, it’s easy to dismiss some of these concepts as too “woo-woo,” but I think we do ourselves a disservice by not considering them.  The benefits of mediation and mindfulness are undeniable even if we’re not always good at pinning down the “why.”  By taking time to quiet our minds and become truly immersed in our clients’ cases, we better present their stories to juries and we become more effective trial lawyers.\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Zen Lawyer\u003c\/em\u003e\u003c\/a\u003e contains some concepts that can be immediately implemented, and others that will likely require a lot of practice.  By taking that time to practice, though, we stand to gain personally, professionally, and on behalf of the people we represent.\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Zen Lawyer\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003econtains a lot of good strategies for any trial lawyer, presented in a unique and compelling way.\u003c\/p\u003e\n\u003cdiv\u003e\u003cstrong\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Zen_Lawyer_large.jpg?v=1539975990\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Zen Lawyer\u003c\/a\u003e\u003c\/strong\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/michael-leizerman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMichael Leizerman\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/jay-rinsen-weik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eJay Rinsen Weik\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback - $127.00\u003c\/div\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-02-07T17:13:00-05:00","updated_at":"2019-02-07T17:15:10-05:00","summary_html":"","template_suffix":null,"handle":"the-mindful-trial-lawyer","tags":"Book Review, Michael Leizerman","image":{"created_at":"2019-02-07T17:15:10-05:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/ZenLawyer_001_banner_copy.png?v=1549577710"}}},{"id" : 28721250358,"title" : "Rick Friedman Speaks at Pepperdine Law School (video)","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2019,"articleMonth" : "February","articleURL" : "/blogs/news/rick-friedman-speaks-at-pepperdine-law-school-video","articleImageURL" : "","articleDate" : "February 5, 2019","articleExcerpt" : "Rick Friedman spoke at Pepperdine Law School on January 26th, 2019 in Malibu, California. Below is a video of the inspirational keynote address that he gave to the lawyers and law students at the event.    Shop all of Rick Friedman's products here.   ","articleReadMoreText" : "Read more","articleJSON" : {"id":28721250358,"title":"Rick Friedman Speaks at Pepperdine Law School (video)","created_at":"2019-02-05T17:51:14-05:00","body_html":"\u003cp\u003eRick Friedman spoke at Pepperdine Law School on January 26th, 2019 in Malibu, California. Below is a video of the inspirational keynote address that he gave to the lawyers and law students at the event. \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e\u003ciframe width=\"560\" height=\"315\" src=\"https:\/\/www.youtube.com\/embed\/JImMU6aoii8\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen=\"\"\u003e\u003c\/iframe\u003e\u003c\/p\u003e\n\u003cp\u003eShop all of Rick Friedman's products \u003ca href=\"https:\/\/www.trialguides.com\/collections\/rick-friedman-products\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ehere\u003c\/a\u003e. \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Trialguides Admin","user_id":8256258107,"published_at":"2019-02-05T17:55:00-05:00","updated_at":"2019-02-14T19:06:34-05:00","summary_html":"","template_suffix":null,"handle":"rick-friedman-speaks-at-pepperdine-law-school-video","tags":""}},{"id" : 28656861238,"title" : "Book Review: The Elements of Trial","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "rick-friedman", "tag" : "Rick Friedman" }],"articleYear" : 2019,"articleMonth" : "January","articleURL" : "/blogs/news/book-review-the-elements-of-trial","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/elements_1024x1024.jpg?v=1548969783","articleDate" : "January 31, 2019","articleExcerpt" : "By Michael Sporer, Sporer, Mah &amp; Co, New Westminster, BC Originally published in the Fall 2016 issue of The Verdict, the award-winning publication of the Trial Lawyers Association of British Columbia. William Strunk (d. 1946) never could have anticipated where it would lead. The Cornell University English professor would hand out a little book he authored, and privately printed, to his students. The slim volume provided basic rules and principles of writing. One of Strunk’s students – Elwyn Brooks White – was handed a copy in 1919.   40 years later, and more than a decade after Strunk died, E.B. White – already famous as a...","articleReadMoreText" : "Read more","articleJSON" : {"id":28656861238,"title":"Book Review: The Elements of Trial","created_at":"2019-01-17T18:40:13-05:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eBy Michael Sporer, \u003ca href=\"https:\/\/www.sporermah.net\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSporer, Mah \u0026amp; Co\u003c\/a\u003e, New Westminster, BC\u003c\/p\u003e\n\u003cp\u003eOriginally published in the Fall 2016 issue of \u003ca href=\"https:\/\/www.tlabc.org\/index.cfm?pg=TheVerdictLatestIssue\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Verdict\u003c\/em\u003e\u003c\/a\u003e, the award-winning publication of the\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.tlabc.org\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial Lawyers Association of British Columbia\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003eWilliam Strunk (d. 1946) never could have anticipated where it would lead. The Cornell University English professor would hand out a little book he authored, and privately printed, to his students. The slim volume provided basic rules and principles of writing. One of Strunk’s students – Elwyn Brooks White – was handed a copy in 1919.  \u003c\/p\u003e\n\u003cp\u003e40 years later, and more than a decade after Strunk died, E.B. White – already famous as a \u003cem\u003eNew Yorker\u003c\/em\u003e essayist and the author of \u003cem\u003eCharlotte’s Web\u003c\/em\u003e – was contacted by a publisher who wanted to print Strunk’s modest book and make it available to a wider audience. Would White update the little book, add some material, and rework it for publication?\u003ca href=\"#_ftn1\" name=\"_ftnref1\"\u003e\u003csup\u003e[1]\u003c\/sup\u003e\u003c\/a\u003e  The style manual was published in 1959 and became a bestseller, the classic introduction to writing known as “Strunk and White” \u003cem\u003eThe Elements of Style\u003c\/em\u003e.\u003ca href=\"#_ftn2\" name=\"_ftnref2\"\u003e\u003csup\u003e[2]\u003c\/sup\u003e\u003c\/a\u003e  \u003c\/p\u003e\n\u003cp\u003eBryan Garner – considered by many a most important authority on legal writing – paid homage to Strunk and White in 1991 when he followed their pattern and form, and titled his basic introduction to legal writing, \u003cem\u003eThe Elements of Legal Style\u003c\/em\u003e.\u003ca href=\"#_ftn3\" name=\"_ftnref3\"\u003e\u003csup\u003e[3]\u003c\/sup\u003e\u003c\/a\u003e Garner’s superb 212 page book is, perhaps, the best single introduction to legal writing available. No law firm should be without it.  \u003c\/p\u003e\n\u003cp\u003eMore recently, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e and co-author \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/bill-cummings\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eBill Cummings\u003c\/a\u003e jumped on board. They carry on the fine tradition with aplomb in their basic introduction to trial work: \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-elements-of-trial\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Elements of Trial\u003c\/em\u003e\u003c\/a\u003e. \u003c\/p\u003e\n\u003cp\u003eFriedman’s name is well known to trial lawyers in British Columbia. His \u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003c\/a\u003e – co-written with Patrick Malone in 2006 – and \u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/search?q=polarizing\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePolarizing the Case\u003c\/a\u003e, \u003c\/em\u003epublished a year later\u003cem\u003e, \u003c\/em\u003eeach deal with particular aspects of trial work.\u003ca href=\"#_ftn4\" name=\"_ftnref4\"\u003e\u003csup\u003e[4]\u003c\/sup\u003e\u003c\/a\u003e \u003ca href=\"https:\/\/www.trialguides.com\/products\/polarizing-the-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003ePolarizing the Case\u003c\/em\u003e\u003c\/a\u003e, for example, the more tightly focused of the two, teaches plaintiffs’ counsel how to deal with allegations of malingering or exaggeration leveled against their clients. While both books make valuable contributions, they are too narrow in scope to be considered basic introductions to trial work.\u003c\/p\u003e\n\u003cp\u003eBut Friedman and Cummings have written such a book, and though it has received less attention, at least in these parts, than Friedman’s earlier contributions, \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-elements-of-trial\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Elements of Trial\u003c\/em\u003e\u003c\/a\u003e is the one that lawyers should read first. In just 227 pages, the authors cover all the basics of trial work, and do so in a manner valuable to both civil and criminal practitioners.\u003c\/p\u003e\n\u003cp\u003eThe book covers all stages of trial work, from pre-trial hearings to post-trial motions. For example in Chapter 18 – “Posttrial Motions” – the authors focus the reader’s attention on something often overlooked. “When the trial is over, you often still have work to do,” they advise. “Posttrial motions…could alter the result of your trial.” Like many chapters in \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-elements-of-trial\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eThe Elements of Trial\u003c\/em\u003e,\u003c\/a\u003e the post-trial chapter is broken down into six subsections: “Purpose,” “Advocacy Goals,” “Applicable Law,” “Implementation,” “Questions to Ask” and “Suggested Reading.”\u003c\/p\u003e\n\u003cp\u003e While the authors don’t cover the applicable post-trial law in our jurisdiction, the chapter sets out the primary purpose of post-trial motions, and urges readers to carefully consult local procedural rules and precedents. And just what is the current scope of a trial judge’s authority to refuse to enter – or to vary – a jury verdict in British Columbia? The sudden realization that \u003cem\u003eLeBlanc v. Penticton\u003c\/em\u003e,\u003ca href=\"#_ftn5\" name=\"_ftnref5\"\u003e\u003csup\u003e[5]\u003c\/sup\u003e\u003c\/a\u003e a leading Court of Appeal case on point, is now 35 years old, is enough to send any member of TLABC scurrying to brush up on more recent law. \u003c\/p\u003e\n\u003cp\u003eFriedman and Cummings cover everything from early case investigation to combatting trial chaos, to the importance of making a record. At the end of most chapters, the authors provide a list of leading “go to” books for further information on, for example “Opening Statements” (Chapter 9), “Cross-Examination” (Chapter 11), and “Closing Argument” (Chapter 16). The book thereby serves an additional role: it provides a concise bibliography for those who want to read further.\u003c\/p\u003e\n\u003cp\u003eThis short and readable book, like its namesakes, will be one day be considered a classic in its field. The most experienced lawyers will benefit from it. Lawyers called less than ten years – or those who have been lead counsel in fewer than five jury trials – should consider it mandatory reading. \u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-elements-of-trial\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Elements_of_Trial_large.jpg?v=1539975840\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cem\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-elements-of-trial\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Elements of Trial\u003c\/a\u003e\u003c\/strong\u003e by \u003c\/em\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e\u003cspan\u003e and \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/bill-cummings\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eBill Cummings\u003c\/a\u003e \u003c\/em\u003e\u003c\/p\u003e\n\u003cbr\u003e\n\u003cp style=\"text-align: center;\"\u003ePaperback $85.00\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/collections\/bundles\/products\/elements-of-trial-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Elements_of_Trial_Package_0558ab5d-2a7b-4f4b-a77c-723bfb2bb956_large.jpg?v=1539979544\" alt=\"\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/elements-of-trial-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cstrong\u003e\u003cem\u003eThe Elements of Trial Package\u003c\/em\u003e\u003c\/strong\u003e\u003c\/a\u003e by \u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e\u003cspan\u003e and \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/bill-cummings\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eBill Cummings\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/em\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cem\u003e\u003cspan\u003e\u003c\/span\u003e\u003c\/em\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cem\u003e\u003cspan\u003e\u003c\/span\u003e\u003c\/em\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eRegular Price: $184.00 Discount: $119.00\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cbr\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/collections\/bundles\/products\/friedman-power-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Friedman_Power_Package_dba3c727-3b0e-4981-bcd6-f7f2c92b61ce_large.jpg?v=1539979720\" alt=\"\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cem\u003e\u003cspan\u003e\u003ca href=\"https:\/\/www.trialguides.com\/collections\/bundles\/products\/friedman-power-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cstrong\u003eRick Friedman Power Package (Contains Rules of the Road, Polarizing the Case, and Moral Core Advocacy)\u003c\/strong\u003e \u003c\/a\u003e \u003c\/span\u003e\u003c\/em\u003e\u003cem\u003e\u003cspan\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e\u003c\/span\u003e\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cem\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/em\u003eRegular Price: $315.00 Discount: $283.50\u003c\/p\u003e\n\u003cbr\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref1\" name=\"_ftn1\"\u003e\u003csup\u003e[1]\u003c\/sup\u003e\u003c\/a\u003e This is a greatly abbreviated version of the background of Strunk’s “little book.” Those interested in the history would be advised to consult Garvey, Mark. \u003cem\u003eStylized: A Slightly Obsessive History of Strunk \u0026amp; White’s\u003c\/em\u003e \u003cem\u003eThe Element of Style\u003c\/em\u003e.  New York: Simon and Schuster, 2009.\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref2\" name=\"_ftn2\"\u003e\u003csup\u003e[2]\u003c\/sup\u003e\u003c\/a\u003e Strunk Jr., William and E.B. White. \u003cem\u003eThe Elements of Style\u003c\/em\u003e.  4\u003csup\u003eth\u003c\/sup\u003e ed. New York: Allyn and Bacon, 2000.\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref3\" name=\"_ftn3\"\u003e\u003csup\u003e[3]\u003c\/sup\u003e\u003c\/a\u003e Garner, Bryan. \u003cem\u003eThe Elements of Legal Style\u003c\/em\u003e. New York: Oxford University Press, 1991.\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref4\" name=\"_ftn4\"\u003e\u003csup\u003e[4]\u003c\/sup\u003e\u003c\/a\u003e Friedman, Rick and Patrick Malone. \u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability\u003c\/em\u003e\u003c\/a\u003e. (Portland: Trial Guides, 2006), and Friedman, Rick. \u003ca href=\"https:\/\/www.trialguides.com\/products\/polarizing-the-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003ePolarizing the Case\u003c\/em\u003e\u003c\/a\u003e. (Portland: Trial Guides, 2007).\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"#_ftnref5\" name=\"_ftn5\"\u003e\u003csup\u003e[5]\u003c\/sup\u003e\u003c\/a\u003e [1981] 5 WWR 289, 28 BCLR 179, 20 CPC 226 (CA).\u003c\/p\u003e\n\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-01-31T16:13:00-05:00","updated_at":"2019-01-31T16:23:03-05:00","summary_html":"","template_suffix":null,"handle":"book-review-the-elements-of-trial","tags":"Book Review, Rick Friedman","image":{"created_at":"2019-01-31T16:23:03-05:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/elements.jpg?v=1548969783"}}},{"id" : 28675866678,"title" : "Trial Guides 15th Anniversary, a word from our Founder","articleTags" : [{ "tagHandle" : "15th-anniversary", "tag" : "15th anniversary" },{ "tagHandle" : "aaron-deshaw", "tag" : "aaron deshaw" },{ "tagHandle" : "colossus", "tag" : "colossus" },{ "tagHandle" : "rules-of-the-road", "tag" : "rules of the road" },{ "tagHandle" : "trial-guides", "tag" : "trial guides" }],"articleYear" : 2019,"articleMonth" : "January","articleURL" : "/blogs/news/trial-guides-15th-anniversary-a-word-from-our-founder","articleImageURL" : "","articleDate" : "January 23, 2019","articleExcerpt" : "Fifteen years ago this month, I turned down offers from three major legal publishers and published the first two books for Trial Guides. The books were on one of the auto insurance industry’s secret weapons—the Colossus software used to evaluate bodily injury claims. At the time, I had only been practicing law (starting my own solo firm) for three years. I had very little experience as a lawyer, no experience in publishing, and I had no interest in starting a legal publishing company. But because of the sensitivity of the material, carefully written and cited with over three years of...","articleReadMoreText" : "Read more","articleJSON" : {"id":28675866678,"title":"Trial Guides 15th Anniversary, a word from our Founder","created_at":"2019-01-23T15:09:51-05:00","body_html":"\u003cp\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/TG_15th_Anniversary_Blog_Banner_2048x2048.JPG?v=1548274122\" alt=\"\"\u003e\u003c\/p\u003e\n\u003cp style=\"float: left;\"\u003e\u003cimg alt=\"\" src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/IMG_8573_medium.JPG?v=1548449794\" style=\"float: left; margin-right: 15px; margin-bottom: 5px;\"\u003eFifteen years ago this month, I turned down offers from three major legal publishers and published the first two books for Trial Guides. The books were on one of the auto insurance industry’s secret weapons—the Colossus software used to evaluate bodily injury claims. At the time, I had only been practicing law (starting my own solo firm) for three years. I had very little experience as a lawyer, no experience in publishing, and I had no interest in starting a legal publishing company. But because of the sensitivity of the material, carefully written and cited with over three years of research, the wording had to be precise or I would have faced career-ending litigation from the insurance industry.\u003c\/p\u003e\n\u003cp style=\"float: left;\"\u003eBeyond this, I was unhappy with the quality and price of what some of the legal publishers were offering. So I decided to publish the books myself, believing I could produce the book at a higher quality, provide it at a lower cost, and control when or if I released updates. The result is that I had to find vendors, publishing attorneys, media liability insurers, eCommerce technologies (then almost nonexistent), and create the entire structure for a publishing company for just two books. It was a much larger undertaking than I ever expected. That was before figuring out how to let lawyers know about the books or get them to understand that I had just unlocked the secret to how insurers evaluated their claims, which became the most difficult task of all. But once they were released in January 2004, the books started selling much better than I had ever expected.\u003c\/p\u003e\n\u003cp style=\"float: left;\"\u003e\u003cspan\u003eRiding on the success of strong sales for my two books on Colossus, I was introduced to Rick Friedman at an insurance bad faith CLE and he let me know he was writing a book called \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e. He wanted to publish with me rather than through one of the established legal publishers that would require him to write annual updates. I was a bit surprised, but I gladly accepted. Honestly, I expected it would be the last book for Trial Guides because I wanted to get back to practicing law full time. After Rick and Patrick Malone finished the manuscript (very quickly), I edited and laid out \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e in a few days and sent it off to print. (For more on what happened to that first paperback, see the blog post on the \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/news\/ten-years-of-rules-of-the-road\"\u003e\u003cspan style=\"font-weight: 400;\"\u003eten-year anniversary of \u003c\/span\u003e\u003ci\u003e\u003cspan style=\"font-weight: 400;\"\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003c\/a\u003e\u003c\/span\u003e\u003cspan\u003e.) \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e went on to become one of the largest selling legal books ever published and continues to sell heavily fourteen years later.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eThe result of publishing both the Colossus books and \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e was story after story of life-changing outcomes from the lawyers who read them. The first call I remember was from the wife of an attorney in Louisiana who had purchased an early paperback version of my Colossus book and went from being nearly bankrupt to being able to buy a house within a few months because of the massive changes that happened in his practice once he realized what the insurers were evaluating in his cases. She was crying on the phone, thankful for the change that the book had provided. It had changed their lives in a quick and dramatic way. Then there was a flood of seven- and eight-figure verdicts attributed to \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e that changed the lives of the injured people whose attorneys had used \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eRules of the Road\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e to win their cases. More and more stories like these kept flooding in. It didn’t take long to realize that I would do more good for more people running Trial Guides than I could ever do for individual clients in my own legal practice. So Trial Guides continued, creating over 100 products for lawyers over the past fifteen years.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eTrial Guides was created to help practicing lawyers learn practical skills that are not taught in law schools. The reasons that made me start a publishing company, and the advice I obtained from Rick in 2005, have guided the company’s goals ever since: provide career-changing practical advice from the best lawyers in the country; offer prices that are generally a third of our competitors; no annual updates and bills that are sent to customers without their permission; high-quality editing performed in the United States that results in books that are easy-to-read for customers who are already over-worked; and a dedication to best-in-class quality books, videos, and CLEs. The result is that Trial Guides has gone on to publish nearly every meaningful book in plaintiff’s law for the past fifteen years. Many lawyers use our methods in everything from practice management and hiring to case intake, writing demand letters, mediation, arbitration, and trial. Trial Guides products have become the basis of many CLEs for AAJ and many of the state TLAs, and are regularly discussed on legal Listservs.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eMy own trial practice has grown substantially using the methods I have learned from Trial Guides products. Whether it is using my original research to create demand letters to obtain great outcomes, or seeking guidance from \u003c\/span\u003e\u003ci\u003e\u003cspan\u003eDavid Ball on Damages 3\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e, \u003c\/span\u003e\u003ci\u003e\u003cspan\u003ePolarizing the Case\u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003e,\u003c\/span\u003e\u003cspan\u003e \u003c\/span\u003e\u003cspan\u003eour \u003c\/span\u003e\u003ci\u003e\u003cspan\u003e30(b)(6) \u003c\/span\u003e\u003c\/i\u003e\u003cspan\u003ebook, the timeless wisdom in Moe Levine’s books and recordings, or many others, I have used the advice in Trial Guides products throughout my legal career to obtain increasingly better outcomes and increasingly better cases. Nearly anything the defense throws at me, I already know how to handle (in most cases successfully) because one of the Trial Guides authors has previously addressed that issue in one of their products. Since I am in the trenches with our customers, I know what new products we need to consider, and what products will be most useful in practicing law.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eDespite the success of Trial Guides, I have come to realize that our customer base is very limited. Despite there being over 1 million lawyers and approximately 150,000 plaintiffs’ lawyers in the United States alone, only about 5,000 lawyers in the world buy a Trial Guides product every year. Those lawyers generally remain the same core group of lawyers dedicated to excellence, and the same lawyers who obtain better outcomes for their clients. Since I continue to practice law, I have run the company for free for the past fifteen years, focusing all of the money from sales on creating the highest quality products for our customers at the lowest possible price. Every author is dedicated to helping our customers, providing a lifetime of advice in each book and video with royalties that could never make up for the time they invest in the products they provide for the benefit of the profession. Since these lawyers write between trials, practice, and personal life, it can take years for a book to go from idea to completion. In addition, every Trial Guides staff member is dedicated to social justice causes, in line with the products they help create. Our end goal is to help you help your clients.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eTrial Guides would not exist without your support. The company does not seek donations for our operation, we do not allow advertising on our web page, we don’t sell our email list, nor do we charge membership dues. We do not have a legal research engine that drives revenue like West and Lexis. The support of our customers over the last fifteen years has allowed the release of career-changing products that likely would not have been published by other publishers. Your continued support helps us provide high-quality products and CLEs that ensure the success of the profession both now and in the future, as well as the safety of the people that the profession serves.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eI wish you great success in 2019.\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003eSincerely,\u003c\/p\u003e\n\u003cp\u003eAaron DeShaw, Founder of Trial Guides\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Trialguides Admin","user_id":8256258107,"published_at":"2019-01-23T18:26:00-05:00","updated_at":"2019-02-14T19:06:24-05:00","summary_html":"","template_suffix":null,"handle":"trial-guides-15th-anniversary-a-word-from-our-founder","tags":"15th anniversary, aaron deshaw, colossus, rules of the road, trial guides"}},{"id" : 28656795702,"title" : "Getting the Evidence You Need in a Timely Cost Effective Manner Using 30(b)(6) Depositions","articleTags" : [{ "tagHandle" : "30b6", "tag" : "30(b)6" },{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "mark-kosieradzki", "tag" : "Mark Kosieradzki" }],"articleYear" : 2019,"articleMonth" : "January","articleURL" : "/blogs/news/getting-the-evidence-you-need-in-a-timely-cost-effective-manner-using-30b6-depositions","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/30b6_news_15536f00-9721-42c4-9912-ec4760dfa566_1024x1024.jpg?v=1547767559","articleDate" : "January 17, 2019","articleExcerpt" : "By Jim Kytle Originally published in the July 2017 issue of Trial News, the monthly newspaper of the Washington State Association for Justice. In the last few years, trial lawyers have received some real gifts of knowledge from experienced practitioners who have been willing to share their wisdom in some great books and videos. The book reviewed here and video are wonderful additions to the knowledge we all need as trial lawyers. The Book “A great case needs great evidence. But you can’t get great evidence if your opponent has it locked up. A well–crafted 30(b)(6) deposition unlocks the door.” 30(b)(6) Deposing Corporations, Organi­za­tions...","articleReadMoreText" : "Read more","articleJSON" : {"id":28656795702,"title":"Getting the Evidence You Need in a Timely Cost Effective Manner Using 30(b)(6) Depositions","created_at":"2019-01-17T17:57:45-05:00","body_html":"\u003cp\u003eBy Jim Kytle\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cspan\u003eOriginally published in the July 2017 issue of \u003c\/span\u003e\u003cem\u003eTrial News\u003c\/em\u003e\u003cspan\u003e, the monthly newspaper of the \u003c\/span\u003e\u003ca href=\"https:\/\/www.washingtonjustice.org\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWashington State Association for Justice\u003c\/a\u003e\u003cspan\u003e.\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eIn the last few years, trial lawyers have received some real gifts of knowledge from experienced practitioners who have been willing to share their wisdom in some great books and videos. The book reviewed here and video are wonderful additions to the knowledge we all need as trial lawyers.\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cstrong\u003eThe Book\u003c\/strong\u003e\u003c\/a\u003e\u003cbr\u003e “A great case needs great evidence. But you can’t get great evidence if your opponent has it locked up. A well–crafted 30(b)(6) deposition unlocks the door.” \u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e30(b)(6) Deposing Corporations, Organi­za­tions \u0026amp; the Government\u003c\/a\u003e ch 7.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e Mr. Kosieradzki\u003c\/a\u003e has thoroughly researched and learned to utilize the 30(b)(6) deposition. He shows us how to make what might seem an otherwise extraordinarily complicated case with numerous depositions into one that is manageable and that results in a corporation, organization or government being bound by their witnesses’ testimony. In other words, he shows you that when carefully planned, taking a 30(b)(6) deposition can be an art form that will transform your case into a tightly bound evidentiary winner. \u003c\/p\u003e\n\u003cp\u003eRule 30(b)(6) requires the organization to prepare and designate a witness or witnesses to speak on behalf of the entity. Unlike taking the deposition of an officer or director whose knowledge may be limited, a 30(b)(6) deposition is the knowledge of the entity itself, as to the issues you have designated in your notice. The designee must not only testify about facts within the corporation’s knowledge, but also its subjective beliefs and opinions... its interpretation of documents and events.\u003c\/p\u003e\n\u003cp\u003eMr. Kosieradzki takes you step by step through preparing your notice, dealing with objections, and filing motions if the entity fails to properly comply. He also provides copious case citations for support on just about any issue your opponent might raise. \u003c\/p\u003e\n\u003cp\u003eThe author also weaves into his use of the 30(b)(6) other books such as \u003ca href=\"https:\/\/www.trialguides.com\/products\/advanced-depositions-strategy-and-practice\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eAdvanced Depositions Strategy and Practice\u003c\/em\u003e\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/phillip-h-miller\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePhilip H. Miller\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/paul-j-scoptur\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePaul J. Scoptur\u003c\/a\u003e (Portland Trial Guides 2013) and \u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability, 2nd ed.\u003c\/em\u003e\u003c\/a\u003e (Portland Trial Guides, 2010) to assist in planning for the proof you will need to establish your case and to find the villain or villains of your story. \u003c\/p\u003e\n\u003cp\u003eThe author shows you how a 30(b)(6) can be taken regarding affirmative defenses. This can be very helpful, for example, in a case where your opponent asserts numerous defenses and provides thousands and thousands of documents for you to try and figure out which documents relate to which defense. He teaches you how to force your opposition to not only reveal the facts but also the documents that they are relying on for their defenses. \u003c\/p\u003e\n\u003cp\u003eMr. Kosieradzki also shows us how to take a 30(b)(6), 30(b)(2) and 34 deposition to untangle the “dump-truck” document production. “The document deposition ensures that all parties have the same documents, with the same Bates numbers, and the same exhibit numbers.” 30(b)(6) at 175. \u003c\/p\u003e\n\u003cp\u003eAll in all, this is an indispensable book for all no matter what your level of experience is as a trial lawyer. \u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/using-30-b-6-to-win-your-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cstrong\u003eThe Video\u003c\/strong\u003e\u003c\/a\u003e\u003cbr\u003e The video is a lively seminar. It complements the book very well. It is clear that Mr. Kosieradzki is passionate about this subject. He has riddled the video with case citations and wisdom from his vast experience in taking these kinds of depositions. He has examples of how he has used the 30(b)(6) in a variety of cases – nursing homes, trucking, real estate, premises liability, etc. He also has clips from video depositions that he has taken to show us how he has used the 30(b)(6) to bind the opponent entity.\u003c\/p\u003e\n\u003cp\u003eI highly recommend \u003ca href=\"https:\/\/www.trialguides.com\/products\/30b6-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eboth the book and video\u003c\/a\u003e. \u003c\/p\u003e\n\u003cp\u003eTo purchase both together with a 10% discount:\u003c\/p\u003e\n\u003cbr\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/collections\/bundles\/products\/30b6-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/30b6_Package_10b60b40-7888-4575-86c8-d161ced3655e_large.jpg?v=1539978857\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30b6-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e30(b)(6) Package\u003c\/a\u003e \u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMark R. Kosieradzki\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eRegular price: $250.00 Discount: $225.00\u003c\/div\u003e\n\u003cbr\u003e\n\u003cp\u003eTo purchase individually:\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/30b6_large.jpg?v=1539974063\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e30(b)(6) Deposing Corporations, Organi­za­tions \u0026amp; the Government\u003c\/a\u003e \u003c\/em\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMark R. Kosieradzki\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $155.00\u003c\/div\u003e\n\u003cbr\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/using-30-b-6-to-win-your-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Using_30b6_to_Win_Your_Case_large.jpg?v=1539978398\" alt=\"\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003cem\u003e\u003c\/em\u003e\u003c\/strong\u003e\u003cstrong\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/using-30-b-6-to-win-your-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eUsing 30(b)(6) to Win Your Case\u003c\/a\u003e \u003c\/em\u003e\u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/products\/using-30-b-6-to-win-your-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e \u003c\/a\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMark R. Kosieradzki\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eDVD $95.00\u003c\/div\u003e\n\u003cbr\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eJames Kytle\u003c\/em\u003e\u003c\/strong\u003e\u003cem\u003e, EAGLE member, is a partner at Mann \u0026amp; Kytle, PLLC in Seattle where he handles major injury and employment cases with his wife, Mary Ruth Mann.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-01-17T18:26:00-05:00","updated_at":"2019-01-17T19:12:08-05:00","summary_html":"","template_suffix":null,"handle":"getting-the-evidence-you-need-in-a-timely-cost-effective-manner-using-30b6-depositions","tags":"30(b)6, Book Review, Mark Kosieradzki","image":{"created_at":"2019-01-17T18:25:59-05:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/30b6_news_15536f00-9721-42c4-9912-ec4760dfa566.jpg?v=1547767559"}}},{"id" : 28635332662,"title" : "Preparing for the Only Thing that Matters: What the Jury Will Think","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "jury-bias", "tag" : "Jury Bias" }],"articleYear" : 2019,"articleMonth" : "January","articleURL" : "/blogs/news/preparing-for-the-only-thing-that-matters-what-the-jury-will-think","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/blog_Cusimano_1024x1024.jpg?v=1547166220","articleDate" : "January 11, 2019","articleExcerpt" : "By Rafael Urquia Originally published in the December 2018 issue of Trial News, the monthly newspaper of the Washington State Association for Justice. Good lawyers with good cases lose trials – all the time. What? Impossible! This defies all common sense and reasoning. I’m a trial lawyer. I know how to present case! Good lawyers with good cases lose jury trials because six to twelve community members decide a case not a lawyer or a judge. So, it does not matter if you are the world’s greatest lawyer or you have the world’s greatest case. If you do not effectively communicate...","articleReadMoreText" : "Read more","articleJSON" : {"id":28635332662,"title":"Preparing for the Only Thing that Matters: What the Jury Will Think","created_at":"2019-01-10T18:52:05-05:00","body_html":"\u003cp\u003eBy Rafael Urquia\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eOriginally published in the December 2018 issue of \u003cem\u003eTrial News\u003c\/em\u003e, the monthly newspaper of the \u003ca href=\"https:\/\/www.washingtonjustice.org\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWashington State Association for Justice\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003eGood lawyers with good cases lose trials – all the time. What? Impossible! This defies all common sense and reasoning. I’m a trial lawyer. I know how to present case! Good lawyers with good cases lose jury trials because six to twelve community members decide a case not a lawyer or a judge. So, it does not matter if you are the world’s greatest lawyer or you have the world’s greatest case. If you do not effectively communicate with a jury, you will lose. \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e\u003c\/a\u003e teaches you the scientifically-based \u003cem\u003eBottom Up\u003c\/em\u003e case preparation approach to help you recognize common juror biases, counter these biases, and successfully communicate with a jury for a winning verdict. In the end, this book is all about two words: focus groups.\u003c\/p\u003e\n\u003cp\u003eFor decades, the \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e \u003c\/a\u003eauthors have been scientifically obsessed with figuring out why good lawyers with good cases lose trials. As they write in the first sentence in the first chapter: “[a]s you’ve probably noticed from the introduction, we’re obsessed with science.” In the early 1990s, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/gregory-cusimano\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGregory Cusimano\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-a-wenner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid Wenner,\u003c\/a\u003e two nationally-recognized Plaintiff’s attorneys, started conducting hundreds of focus groups with other trial lawyers to address why good lawyers with good cases were losing at trial. As a result of these groundbreaking focus groups, Cusimano and Wenner were able to formulate a hypothesis which formed the Juror Bias Model.\u003c\/p\u003e\n\u003cp\u003eThe first section of \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e \u003c\/a\u003edescribes the Jury Bias Model’s five common juror biases: (1) suspicion; (2) victimization; (3) responsibility; (4) stuff happens; and (5) blame the Plaintiff. Simply put, the Juror Bias Model details the reasons why jurors do not like Plaintiffs, Plaintiffs’ attorneys, and personal injury cases. And, if you think that jurors are getting more “Plaintiff friendly” over the years, the authors of this book would respectfully disagree with you. In fact, they believe jurors are becoming less “Plaintiff friendly” and there is little to no improvement in sight. The book does an excellent job of concisely describing the five juror biases and giving real-life examples of these biases. It is fascinating (at least in a sick and twisted way) to learn how a person’s bias can influence his or her view of a personal injury case. Have you ever talked to a juror after a case and thought: this is totally crazy? This book helps to explain why that juror is not crazy; rather, he or she is thinking with predetermined views, beliefs, and biases that directly influence how they view your case. And, once again, the only people that decide your case is the jury. They are the only people who matter.\u003c\/p\u003e\n\u003cp\u003eThe second section of \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e \u003c\/a\u003efocuses on the Jury Bias Model’s Ten Commandments which provides you a strategy to build a case that combats the five juror biases. The following Ten Commandments are the building blocks for the \u003cem\u003eBottom Up\u003c\/em\u003e approach to preparing cases: (1) compose a trial story; (2) elicit confirmation; (3) remember that beliefs preserve; (4) sequence the available evidence; (5) heed the norm; (6) reverse the fundamental attribution error; (7) plan for hindsight bias; (8) create empathy; (9) drop the anchor: and (10) build the frame. The \u003cem\u003eBottom Up\u003c\/em\u003e case preparation approach uses these Ten Commandments to build a trial story that is consistent with the juror’s beliefs instead of a trial story that will be buried by the jurors’ biases.\u003c\/p\u003e\n\u003cp\u003eBefore the authors describe the \u003cem\u003eBottom Up\u003c\/em\u003e case preparation approach, the next section of \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e\u003c\/a\u003e explains the difference between the\u003cem\u003e Bottom Up\u003c\/em\u003e approach and the traditional top-down case preparation of a case. The traditional top-down system is used by most attorneys. This approach begins with the elements of the law. Then, the attorney fills in the facts and experts to prove each element of the law. It is what we learned from the first day of law school. It has been around for centuries. The problem with this approach is that it relies on logic and deductive reasoning. But, unfortunately, jurors do not rely on the logic and deductive reasoning (if they did, we would all be millionaires by now). Instead of logic and deductive reasoning, jurors rely on their beliefs and biases when reaching a verdict. The \u003cem\u003eBottom Up\u003c\/em\u003e case preparation approach does not start with the law. It starts with the jurors’ beliefs and biases and then builds a case around these beliefs and biases. In other words, it starts with what the decision makers think is important. After all, while the law and facts are important, the way the jurors view the facts and the law is what decides your case.\u003c\/p\u003e\n\u003cp\u003eThe rest of \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eWinning Case Preparation: Understanding Jury Bias\u003c\/em\u003e\u003c\/a\u003e outlines the seven-step \u003cem\u003eBottom Up \u003c\/em\u003ecase preparation model: (1) get the facts; (2) jury research; (3) case core; (4) reframe; (5) trial story; (6) test and modify; and (7) beliefs. You will quickly notice that elements of the law is not listed as one of the seven steps. Why? Because the authors propose that the jury does not decide your case based on elements of the law but rather their beliefs, biases, and life experiences. The authors do an excellent job of clearly and concisely describing the seven steps of their case preparation system. \u003c\/p\u003e\n\u003cp\u003eAs the authors write, the \u003cem\u003eBottom Up\u003c\/em\u003e case preparation system is not a one-size fits all formula but a comprehensive process that works with all cases – big or small. It is a system that uses focus groups to determine what the jury will think is important about your case. After you figure out what the jury thinks is important, you then build your case around what will resonate with the jury. It’s a simple, brilliant concept that contradicts that traditional top-end approach of looking at the elements of the law then filling in the facts to prove your case. You should learn what the jurors will think is important first then create a story around what the jurors actually care about when deciding your case. The \u003cem\u003eBottom Up\u003c\/em\u003e case preparation system should be used early in your case not at the end of it. There is little point to discovering what the jurors think about your case after it is over. Why not figure out what the jury will think about your case at the beginning, so you can conduct discovery to help you build your story, voir dire, opening statement, case-in-chief, cross-examinations, and closing arguments that will crush the defense at the trial.\u003c\/p\u003e\n\u003cp\u003eThe \u003cem\u003eBottom Up\u003c\/em\u003e case preparation system revolves around using focus groups. The authors recommend that you use professionally-conducted focus groups (more about this later). First, you investigate the facts and use focus groups to help you determine what facts may be important to the jury. Second, you use focus groups to understand the beliefs and biases of the jury in your case – which help you look for facts in discovery. Third, you start building a case core composed of a moral and a simple story based on the jurors’ (focus group’s) beliefs and biases. Fourth, you reframe the facts into a trial story that will resonate with the jurors. Fifth, you test your trial story with focus groups – which allows to you to modify it before trial. Sixth, after completing the previous five steps, you now will have a firm grasp of the jurors’ beliefs and biases. You are now equipped with the information and tools to excel at trial.\u003c\/p\u003e\n\u003cp\u003eObviously, I oversimplified the \u003cem\u003eBottom Up \u003c\/em\u003ecase preparation process. However, the authors do an excellent job of writing a clear, concise book. The book is only 200 pages. I easily read it in one afternoon (and I am a slow reader). It is well written and well organized into ten chapters. Furthermore, the book includes short conclusions at the end of each chapter, which you can use to refresh your memory after you finish the book. Finally, the authors include several different types of cases to illustrate their points – which keeps the book relevant and interesting.\u003c\/p\u003e\n\u003cp\u003eI have a few questions for the authors. The authors recommend using professional focus groups in all different types of cases. It is not plausible to use professional focus groups for many “modest” cases because of the cost of these focus groups. You cannot expend ten percent of the case’s value on focus groups. Next, what about small law firms or solo practitioners in rural areas? We do not have the time, resources or money to either drive to a professional focus group consultant in a metro area or pay for the consultant to drive several hours to us. As such, it would have been helpful if the authors included a chapter dedicated to explaining how an attorney can run a low-cost focus group in his or her area. The authors briefly list focus-group alternatives, but I do not want an alternative to a live focus group. I want the real thing!\u003c\/p\u003e\n\u003cp\u003eWhy should you buy this book? Do you conduct jury trials? If yes, you should buy this book. Do you want to get better at jury trials? If yes, you should buy this book. Do you want to learn about the benefits of focus groups? If yes, you should buy this book. At the end of day, the \u003cem\u003eonly\u003c\/em\u003e thing that matters is what the jury thinks about your case – good or bad. It does not matter what you think, your client thinks, the defense attorney thinks, or the judge thinks. So, do you want to learn about a process that allows you to find out what the jury thinks – the only thing that matters – before the verdict? If yes, you should buy this \u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\"\u003ebook\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Winning_Case_Prep_large.jpg?v=1539976165\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWinning Case Preparation\u003c\/a\u003e\u003c\/strong\u003e \u003cbr\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-r-bossart\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid R. Bossart\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/gregory-cusimano\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGregory Cusimano\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/edward-h-lazarus\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eEdward H. Lazarus\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-a-wenner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid A. Wenner\u003c\/a\u003e\n\u003cbr\u003ePaperback - $115.00\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eRafael Urquia, EAGLE member, is the owner of Urquia Law, PLLC on the Olympic Peninsula. His practice focuses on personal injury and insurance law case. Rafael serves on the WSAJ Trial News Editorial Board and the WSAJ Judicial Committee.\u003c\/em\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2019-01-11T12:55:00-05:00","updated_at":"2019-01-22T20:11:14-05:00","summary_html":"","template_suffix":null,"handle":"preparing-for-the-only-thing-that-matters-what-the-jury-will-think","tags":"Book Review, Jury Bias","image":{"created_at":"2019-01-10T19:23:40-05:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/blog_Cusimano.jpg?v=1547166220"}}},{"id" : 14101839931,"title" : "$6.49 Million Verdict for Severe PTSD and Depression Using Keith Mitnik’s <em>Don’t Eat the Bruises</em>","articleTags" : [{ "tagHandle" : "keith-mitnik", "tag" : "Keith Mitnik" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2018,"articleMonth" : "October","articleURL" : "/blogs/news/6-49-million-verdict-for-severe-ptsd-and-depression-using-keith-mitnik-s-don-t-eat-the-bruises","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Screen_Shot_2018-10-24_at_1.23.48_PM_1024x1024.png?v=1540412719","articleDate" : "October 23, 2018","articleExcerpt" : "<span>Washington attorneys Michael Fisher and Daniel Kyler recently obtained a $6.49 million verdict on behalf of a father of eight who was permanently disabled after being exposed to ammonia gas. They were assisted in the case by attorney Tamara Clower. We asked Mike to share a few thoughts on how his team obtained this substantial verdict. The following summary describes how Mike used concepts from </span><em>Don’t Eat the Bruises </em><span>by Keith Mitnik to obtain justice for his client.</span>","articleReadMoreText" : "Read more","articleJSON" : {"id":14101839931,"title":"$6.49 Million Verdict for Severe PTSD and Depression Using Keith Mitnik’s \u003cem\u003eDon’t Eat the Bruises\u003c\/em\u003e","created_at":"2018-10-23T16:32:43-04:00","body_html":"\u003cp\u003eWashington attorneys Michael Fisher and Daniel Kyler recently obtained a $6.49 million verdict on behalf of a father of eight who was permanently disabled after being exposed to ammonia gas. They were assisted in the case by attorney Tamara Clower. We asked Mike to share a few thoughts on how his team obtained this substantial verdict. The following summary describes how Mike used concepts from \u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eDon’t Eat the Bruises\u003c\/em\u003e\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e to obtain justice for his client.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eHere are the details from Michael Fisher:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe Case\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eSteve Crow worked for a large timber company for over thirty years, primarily at a truck yard operated by his employer. The truck yard was located next to a pulp mill operated by a different company. The pulp mill received regular deliveries of various hazardous chemicals and materials, including aqua ammonia. These deliveries were made by the defendant, James J. Williams Bulk Haul Transport, a trucking company that was licensed and certified to transport and deliver hazardous materials.\u003c\/p\u003e\n\u003cp\u003eOne day, Mr. Crow was standing in front of a building at the truck yard talking with three coworkers. At the same time, a driver for the defendant was making a delivery of aqua ammonia to the pulp mill. On this day, the driver was in a hurry. Rather than using the filter system, called a “scrubber,” as he was supposed to before driving away from his delivery, the driver vented the remaining pressure and ammonia gas from his tanker trailer into the air. The evidence in the case supported the conclusion that the driver may have vented up to the entire 18 psi of ammonia gas from his tanker trailer into the air as he drove away from the pulp mill’s storage tank.\u003c\/p\u003e\n\u003cp\u003eAll of a sudden, Mr. Crow and his coworkers were hit with the invisible gas. They immediately lost their breath and began violently coughing. Mr. Crow’s three coworkers ran into a nearby building and shut the door. Mr. Crow jumped into his truck, and began to drive away from the area. It was a hot day and the air conditioner in his truck was on high. Because Mr. Crow was unaware of the source of the gas, he unknowingly drove to an area that was closer to the location where the defendant’s driver was venting the ammonia gas. The air conditioner in Mr. Crow’s truck sucked additional ammonia gas into the confined area of the interior of the truck, making his exposure greater than his coworkers. His eyes, nose, and throat burned, he could not breathe, he was becoming delirious, and he almost blacked out. Mr. Crow was in a panic and feared for his life. \u003c\/p\u003e\n\u003cp\u003eThough they described the exposure incident as terrible, the three coworkers had no appreciable injuries. Mr. Crow suffered burns and scarring to his corneas and damage to his airway resulting in reactive airway disease. By far the most devastating were the psychological injuries that Mr. Crow suffered. He developed severe PTSD and major depression as a result of the incident. Within six months of the gas exposure, Mr. Crow was suicidal and was admitted to the psych ward at a hospital for a period of time to treat his debilitating PTSD and depression. Five years after the gas exposure, Mr. Crow continued to suffer from severe PTSD and severe depression. Mr. Crow is now permanently disabled due to reactive airway disease and his psychological problems resulting from the incident.\u003c\/p\u003e\n\u003cp\u003eOne particularly troubling aspect of PTSD is that the patient frequently relives the traumatic event, especially when triggered by stimuli, thus becoming re-traumatized again. For Mr. Crow, his breathing difficulties and the coughing associated with his reactive airway disease causes him to frequently relive the gas exposure event. Because of this, we did not have Mr. Crow present at trial at any time except to testify.\u003c\/p\u003e\n\u003cp\u003eWe presented lay testimony from Mr. Crow’s wife, four of his eight children, and six friends from the community about the differences in Mr. Crow before and after the gas exposure incident.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe Claim\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eThe fact that Mr. Crow and his three coworkers were exposed to a gas or chemical was not in dispute. Although the defendants agreed that Mr. Crow and his coworkers were exposed to some kind of gas or chemical, they disputed the specific gas or chemical and its source. Mr. Crow brought claims against the trucking company and the pulp mill for negligence and strict liability for an abnormally dangerous activity. He alleged that one or both of the defendants was the cause of the gas exposure incident.\u003c\/p\u003e\n\u003cp\u003eThe defendant’s truck driver admitted that he vented ammonia gas into the atmosphere, but claimed that an employee of the pulp mill gave him permission to do so—which was never corroborated. All of the witnesses from the pulp mill denied giving the defendant truck driver permission to vent ammonia gas to the atmosphere.\u003c\/p\u003e\n\u003cp\u003eThe pulp mill was dismissed from the case in 2017, and the trucking company was the sole defendant on the case at trial.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe Defendant’s Favorite Facts \u0026amp; How We Put Them into Context (Methods from \u003cem\u003eDon’t Eat the Bruises)\u003c\/em\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eThe system set forth in \u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e \u003c\/em\u003ehas three parts:\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e(1) eliminate the defendant’s favorite facts\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e(2) if you can’t eliminate them, own them if possible\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e(3) put the defendant’s favorite facts in context\u003c\/p\u003e\n\u003cp\u003eWe were not able to eliminate or own any of the defendant’s favorite facts so we focused on putting their favorite facts into context, beginning with our opening statement.\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e1.\u003cstrong\u003e Favorite Fact: \u003c\/strong\u003eAll of the expert witnesses agreed that ammonia gas vented into the atmosphere would dissipate and would not remain in the air for more than an hour. If the defendant could prove that this gas exposure incident occurred at 3:00 p.m. or later, it could escape liability because the ammonia gas vented by its driver prior to 2:00 p.m. would no longer have been present. The defendant argued that the employer’s investigation report stated that the gas exposure occurred at 3:00 p.m. and that the testimony of various witnesses that the gas exposure occurred towards the end of the work day supported the argument that the gas exposure occurred at 3:00 p.m. or later.\u003c\/p\u003e\n\u003cp style=\"padding-left: 60px;\"\u003ea.\u003cstrong\u003e In Context: \u003c\/strong\u003e“Common Sense or Coincidence.” The ammonia gas that was vented would have been present in the air for less than an hour. The evidence established that the defendant’s delivery of aqua ammonia to the pulp mill was the only delivery of ammonia that day. The pulp mill is a very large facility and the ammonia tank is located on one end of the facility, far away from the other buildings and storage tanks at the mill. There were no other gas or chemical deliveries to the area where the pulp mill’s ammonia tank was located on the day of the exposure. There was no dispute that the gas exposure occurred, and the defendant made the only delivery to that area of the pulp mill. The truck driver admitted venting ammonia gas between 1:20 and 1:40 p.m., and the ammonia gas would not be present in the air for an hour or more. Common sense tells us that the gas exposure had to have occurred prior to 2:00 p.m. The only reasonable alternative was that this was just a coincidence.\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e2. \u003cstrong\u003eFavorite Fact: \u003c\/strong\u003eAmmonia has an odor that is both unique and pungent. Neither Mr. Crow nor the three exposed coworkers recalled smelling ammonia. In fact, none of the four of them could provide any description of what the gas smelled like when they were exposed. They could only describe the symptoms that they experienced. The defendant argued that Mr. Crow must have been exposed to some other gas from some other source because he did not smell ammonia. \u003c\/p\u003e\n\u003cp style=\"padding-left: 60px;\"\u003ea. In\u003cstrong\u003e Context: \u003c\/strong\u003e“Common Sense or Coincidence.” A fifth coworker was not “exposed” to the gas but smelled it and described the smell alternatively as a “chemical smell like a swimming pool” and a “horrible ammonia smell.” When the gas exposure occurred, the effect on Mr. Crow and his coworkers was immediate and therefore it is highly unlikely that they even had a chance to smell the gas before they were severely effected by the exposure. The one worker who was not overcome by the gas reported it smelled like ammonia. Common sense tells us that the gas exposure was caused by the ammonia gas the defendant admittedly vented. The only reasonable alternative was that this was just a coincidence.\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e3. \u003cstrong\u003eFavorite Fact: \u003c\/strong\u003eAfter the gas exposure incident occurred, Mr. Crow and one of his coworkers sought medical treatment. Because they were injured on the job they were covered by Workers’ Compensation and were accompanied to their medical treatment by a supervisor. When the supervisor asked Mr. Crow and his coworker what time the gas exposure occurred, they said they did not know. The supervisor put the time of the incident down as 3:45 p.m., the end of their work shift that day. Mr. Crow and his coworker signed the forms, ostensibly attesting that the information was correct. The defendant argued that this was further proof that the gas exposure occurred after 3:00 p.m.\u003cbr\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp style=\"padding-left: 60px;\"\u003ea. \u003cstrong\u003eIn\u003c\/strong\u003e\u003cstrong\u003e Context: \u003c\/strong\u003eThe time of 3:45 p.m. indicated in the workers' compensation forms filled out by the supervisor was not an accurate recording of what time the gas exposure occurred. The supervisor had to ask Mr. Crow and his coworker what time the exposure occurred, proving that he did not know himself. Mr. Crow relied on his supervisor to fill out the worker's comp form correctly. He wasn't concerned about the timing when he told the supervisor he “didn’t know” what time the exposure had occurred, he was concerned about his health and getting in to see a doctor.\u003c\/p\u003e\n\u003cp style=\"padding-left: 60px;\"\u003eb. Additionally, after the gas exposure, Mr. Crow and his coworker did some additional work. The work took about two hours and they left at 3:45 p.m., so the gas exposure could not have happened at 3:00 or later. The coworker confirmed this.\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e4. \u003cstrong\u003eFavorite Fact: \u003c\/strong\u003eThe defendant’s industrial hygiene expert prepared a computer model of the ammonia gas vented by the driver. According to the defense expert, the computer model established that the concentration of ammonia gas that would have reached Mr. Crow and his coworkers was not high enough to have caused any injuries.\u003c\/p\u003e\n\u003cp style=\"padding-left: 60px;\"\u003ea. \u003cstrong\u003eIn Context: \u003c\/strong\u003e“Cross-Examine the Defense Expert in Opening Statement.” Because this case was tried in federal court we were only permitted 15 minutes of voir dire. Therefore, we were unable to employ any of the voir dire concepts from \u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises.\u003c\/a\u003e \u003c\/em\u003eHowever, we were able to use the concept of cross-examining the defense industrial hygienist in opening statement as follows:\u003c\/p\u003e\n\u003cp style=\"padding-left: 90px;\"\u003ei. \u003cem\u003eYou are going to hear from some expert witnesses in this case. Both sides hire and pay expert witnesses to testify at trial. Some of the experts are here to educate you and some experts are here because they are master persuaders. You are going to have to decide whether the experts are here to educate you or to persuade you on some issue.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"padding-left: 90px;\"\u003eii. \u003cem\u003eNow, the defendant picked and paid a lady named Stephanie Carter, who has a degree in industrial hygiene to testify in this case. Let me tell you about her. She has done a lot of work in areas such as welding and cutting in confined spaces and in aluminum smelter facilities. Her resume doesn’t list any work with Pulp Mills but they hired her for this case. She is going to tell you this is all a big coincidence. That even though there is no dispute that Mr. Crow and his coworkers were exposed to a harmful gas, and even though the defendant admits it vented aqua ammonia gas, she will claim that it is unlikely that the amount of ammonia gas vented by the defendant would cause the injuries suffered by Mr. Crow.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"padding-left: 90px;\"\u003eiii. \u003cem\u003eYou will hear that she used a computer modeling program called Aloha to try and model this gas exposure but she will admit that the Aloha program is not designed to analyze smaller gas releases, especially those involving aqua ammonia. You will also hear that she had to make a number of assumptions for many of the variables that go into the modeling calculation because she didn’t know the true data for those variables.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"padding-left: 90px;\"\u003eiv. \u003cem\u003eWe are not going to bring in paid experts to try and persuade you about things when they have no ability to give an accurate or precise answer. As you will hear from multiple witnesses, computer modeling cannot be used for a moving truck that is venting. Aloha only works for a fixed release point when all of the variables that go into the calculation are known. Since the Aloha program cannot give an accurate or reliable model of this gas exposure we didn’t waste your time by bringing in a paid expert to talk to you about it.\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"padding-left: 30px;\"\u003e5. \u003cstrong\u003eFavorite Fact: \u003c\/strong\u003eOn June 22, 2017, ten days after trial was supposed to have begun and one month before the new trial date, the defendant produced an “addendum” report from its industrial hygiene expert stating that data from the pulp mill’s computer system had recorded that a sensor located near where Mr. Crow and his coworkers were standing had recorded a small spike in sulfur dioxide at 3:03 pm. The defendant argued that the small spike in sulfur dioxide at 3:03 p.m. was consistent with the employer’s investigation report that the gas exposure occurred at 3:00 p.m. and that the sulfur dioxide was the source of the gas exposure incident.\u003c\/p\u003e\n\u003cp style=\"padding-left: 60px;\"\u003ea.\u003cstrong\u003e In Context: \u003c\/strong\u003e“Red Herring Argument made at the Eleventh Hour out of Desperation.” The defendant knew it was going to trial as the sole defendant, with no evidence of any other source for this gas exposure other than their own admitted venting of ammonia gas. In early June of 2017, the defense industrial hygiene expert was told to find something, anything, at 3:00 p.m. or later that the defendant could argue was the source of this gas exposure. The only thing the defense expert could point to was the data from one sensor showing a small spike in sulfur dioxide at 3:03 pm. This computer data had been in the possession of both parties for ten months at that point. The particular sensor that recorded this data was located outside of the pulp mill property and had not been maintained or calibrated for years so any data it recorded was not accurate or reliable. Given the characteristics of the data, other witnesses had dismissed the data of the small spike of sulfur dioxide as instrument noise rather than a true gas reading. The defense expert had ostensibly come to the same conclusion as she did not even mention the spike in her first expert report issued ten months earlier. Throughout the discovery and depositions in this case, no one ever raised or discussed this small spike until one month prior to trial. This point was made in opening statement and during witness exams. We did not discuss or even mention the spike in Closing Argument but did address it in rebuttal closing.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe Conclusion\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eMr. Crow’s past medical expenses were roughly $193,600. His future life care plan was estimated to be around $930,900. He incurred approximately $194,000 in past lost earnings, and his future lost earnings are estimated at $369,400.\u003c\/p\u003e\n\u003cp\u003eThe trial lasted two weeks. Closing arguments finished at the end of the day on a Friday. The jury was sent home and came back the following Monday to begin deliberations. After one and a half days of deliberations, the jury returned a verdict in favor of the plaintiffs in the amount of $6.49 million. This included $3.12 million in noneconomic damages for Crow’s past and future pain and suffering, $1.56 million to his wife for loss of consortium, $1.3 million for future economic damages, $400,000 for past economic damages, and $110,000 to three of the couple’s minor children for damages to the parent–child relationship.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eClick below and discover how you can apply the methods used by Michael Fisher, Daniel Kyler, and Tamara Clower in your next case:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Dont_Eat_the_Brusies_large.jpg?v=1539974360\" alt=\"\"\u003e\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $125.00\u003cstrong\u003e\u003cbr\u003e\u003c\/strong\u003e\n\u003c\/div\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/keith-mitnik-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Keith_Mitnik_Package_f299a0f1-ba5a-4fd3-8c89-a94dd2de7049_large.jpg?v=1539979803\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003cstrong\u003e \u003ca href=\"https:\/\/www.trialguides.com\/products\/keith-mitnik-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik Package\u003c\/a\u003e\u003c\/strong\u003e  \u003cbr\u003eRegular Price: $315.00 Discount: $283.50\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Melanie Becic","user_id":25485803579,"published_at":"2018-10-23T18:30:00-04:00","updated_at":"2019-01-22T20:07:04-05:00","summary_html":"\u003cspan\u003eWashington attorneys Michael Fisher and Daniel Kyler recently obtained a $6.49 million verdict on behalf of a father of eight who was permanently disabled after being exposed to ammonia gas. They were assisted in the case by attorney Tamara Clower. We asked Mike to share a few thoughts on how his team obtained this substantial verdict. The following summary describes how Mike used concepts from \u003c\/span\u003e\u003cem\u003eDon’t Eat the Bruises \u003c\/em\u003e\u003cspan\u003eby Keith Mitnik to obtain justice for his client.\u003c\/span\u003e","template_suffix":null,"handle":"6-49-million-verdict-for-severe-ptsd-and-depression-using-keith-mitnik-s-don-t-eat-the-bruises","tags":"Keith Mitnik, Verdict","image":{"created_at":"2018-10-24T16:25:19-04:00","alt":"","width":1492,"height":520,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Screen_Shot_2018-10-24_at_1.23.48_PM.png?v=1540412719"}}},{"id" : 12972949563,"title" : "Jury Bias Model™ and Bottom-Up Preparation","articleTags" : [{ "tagHandle" : "jury-bias", "tag" : "Jury Bias" }],"articleYear" : 2018,"articleMonth" : "July","articleURL" : "/blogs/news/jury-bias-model%E2%84%A2-and-bottom-up-preparation","articleImageURL" : "","articleDate" : "July 18, 2018","articleExcerpt" : "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...","articleReadMoreText" : "Read more","articleJSON" : {"id":12972949563,"title":"Jury Bias Model™ and Bottom-Up Preparation","created_at":"2018-08-06T19:23:09-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp class=\"blogpost\"\u003eWritten by \u003ca href=\"https:\/\/www.winningworks.com\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWinning Works\u003c\/a\u003e\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eBias 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 and is a poor candidate to serve on that particular jury.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eThe filters through which jurors receive and process information are firmly ingrained, shaped by a lifetime of familial, social and political influences. Jurors will not change their predispositions and attitudes about the world to fit your trial story.\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eThe Jury Bias Model™\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eprovides powerful insights into how to analyze your case, and how jurors are likely to think and feel about the issues raised in the case. It teaches you to prepare your trial story to overcome prejudices against your client and take advantage of biases in your client’s favor. There are a variety of research tools to assist you, including focus groups, mock trials, public opinion surveys, metaphorical research, and structural integration.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eThe\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eJury Bias Model™\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eis based largely on the perceptual lenses that jurors apply in deciding cases – lenses that often bias juror decision making. It helps trial attorneys identify possible biases by using scientific and psychosocial methods to gather and evaluate information from potential jurors.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eIn today’s tort reform environment, a large segment of the public has adopted negative attitudes about plaintiffs, their lawyers and the civil justice system. Tort reform advocates have done such a thorough job of implanting biases in many potential jurors that it is virtually impossible for those individuals to overcome their bias in a jury situation.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eThe\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eJury Bias Model™\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ewas created specifically to help you identify issues that jurors care about and identify potential jurors who hold dangerous biases. Employing the Model will reduce the impact of years of tort reform propaganda. It teaches you to use tort reform’s themes and rhetoric to your advantage beginning with discovery, trial strategy and preparation, jury questioning, and throughout every phase of trial preparation and presentation.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eTime and again, we have observed how applying the\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eJury Bias Model™\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ecan stem the tide of jury bias. Every attorney knows “Winning Works”! We believe that our psychological approach to preparing plaintiffs’ cases and fighting for courtroom justice may be creating a paradigm shift in American trial practice.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eWe all would be happy to believe there is a single, universal truth waiting to be discovered by those who have all of the necessary facts. We think, “If only the jurors are able to understand this set of facts, the conclusion will be obvious, and truth and justice shall prevail.” There is comfort in believing that if everyone had access to the same information, everyone would agree. Yet we know, and our experience proves that this is just not the case. In social science, this is called naïve realism, which is the tendency to believe that if others had the same information we have they would come to the same conclusion. If they don’t, then they are unreasonable or just wrong. This is the fail-safe most of us take when we deal with someone who disagrees with us. We think they are either misinformed or irrational.\u003ca href=\"https:\/\/www.trialguides.com\/2018\/07\/12\/jury-bias-model-and-bottom-up-preparation\/#_edn1\" name=\"_ednref1\"\u003e\u003csup\u003e[i]\u003c\/sup\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eIn reality, different people with access to the same information and the same presentation of facts, reach different conclusions. Jurors reach different conclusions about what is true because they start from different places. Our different beliefs influence how we perceive and assemble new information about the world around us. There may be no such thing as objective facts. Facts are observed, perceived and understood by individual jurors according to the juror’s own needs, attitudes, beliefs, makeup, experiences and schemas.\u003ca href=\"https:\/\/www.trialguides.com\/2018\/07\/12\/jury-bias-model-and-bottom-up-preparation\/#_edn2\" name=\"_ednref2\"\u003e\u003csup\u003e[ii]\u003c\/sup\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eThe facts and the law are important to the outcome of your case, but they are often not as important as the juror’s beliefs and whether the trial story is consistent with those beliefs. If your story conflicts with jurors’ beliefs and expectations, the best facts and strongest case law may not get you there.\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003e\u003cstrong\u003eBottom-Up Preparation and Preparing to Win\u003c\/strong\u003e\u003cspan\u003e \u003c\/span\u003eis a different way of preparing your case to enhance your likelihood of achieving your goal for your client.\u003c\/p\u003e\n\u003cp\u003eWorking with bottom-up preparation results in an active process of looping back and forth to the facts, the frame, the sequence, discovering schema, developing ideas, and testing them against the research and data. Revise the ideas, rebuild the frame, and reorder the sequence. If it fails—rebuild it again. The core of the process is listening to what the potential jury thinks important, not what you think important. When you know what matters to the jury, you can frame and position your case to match the jury’s thinking as much as possible. Bottom-Up Preparation is a step-by-step approach that works!\u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eYou already know how to prove your case according to the law. Using the\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eJury Bias Model™, Framing\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eBottom-Up Preparation\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ewill help you understand how to prove your case to jurors. \u003c\/p\u003e\n\u003cp class=\"blogpost\"\u003eFor more information:\u003cbr\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Winning_Case_Prep_large.jpg?v=1539976165\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cdiv class=\"blogpost\" style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/winning-case-preparation\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWinning Case Preparation\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv class=\"blogpost\" style=\"text-align: center;\"\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-r-bossart\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid R. Bossart\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/gregory-cusimano\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGregory Cusimano\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/edward-h-lazarus\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eEdward H. Lazarus\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-a-wenner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDavid A. Wenner\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv class=\"blogpost\" style=\"text-align: center;\"\u003ePaperback $115.00\u003c\/div\u003e\n\u003cp class=\"blogpost\"\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2018-07-18T00:00:00-04:00","updated_at":"2019-01-22T17:55:46-05:00","summary_html":"","template_suffix":null,"handle":"jury-bias-model™-and-bottom-up-preparation","tags":"Jury Bias"}},{"id" : 13060309051,"title" : "Fighting for the People | Gerry Spence at TEDx JacksonHole 2016","articleTags" : [{ "tagHandle" : "community-programs", "tag" : "Community Programs" },{ "tagHandle" : "gerry-spence", "tag" : "Gerry Spence" }],"articleYear" : 2017,"articleMonth" : "December","articleURL" : "/blogs/news/fighting-for-the-people-gerry-spence-at-tedx-jacksonhole-2016","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/blog_TEDx_Spence_1024x1024.jpg?v=1533925773","articleDate" : "December 6, 2017","articleExcerpt" : "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...","articleReadMoreText" : "Read more","articleJSON" : {"id":13060309051,"title":"Fighting for the People | Gerry Spence at TEDx JacksonHole 2016","created_at":"2018-08-10T14:29:33-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eRenowned trial lawyer \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/gerry-spence\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eGerry Spence\u003c\/a\u003e 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.\u003c\/p\u003e\n\u003cp\u003eThis talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"http:\/\/ted.com\/tedx\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTEDx Program\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e\u003ciframe width=\"560\" height=\"315\" src=\"https:\/\/www.youtube.com\/embed\/QMrjQNfd-J8\" frameborder=\"0\" allow=\"autoplay; encrypted-media\" allowfullscreen=\"\"\u003e\u003c\/iframe\u003e\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2017-12-06T00:00:00-05:00","updated_at":"2019-01-14T19:17:24-05:00","summary_html":"","template_suffix":null,"handle":"fighting-for-the-people-gerry-spence-at-tedx-jacksonhole-2016","tags":"Community Programs, Gerry Spence","image":{"created_at":"2018-08-10T14:29:33-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/blog_TEDx_Spence.jpg?v=1533925773"}}},{"id" : 13060243515,"title" : "Breaking Tradition","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "patrick-malone", "tag" : "Patrick Malone" }],"articleYear" : 2017,"articleMonth" : "December","articleURL" : "/blogs/news/breaking-tradition","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Fearless_1024x1024.jpg?v=1533924552","articleDate" : "December 6, 2017","articleExcerpt" : "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...","articleReadMoreText" : "Read more","articleJSON" : {"id":13060243515,"title":"Breaking Tradition","created_at":"2018-08-10T14:09:12-04:00","body_html":"\u003cp\u003eBy Charles W. Day Originally published in the February 2017 issue of Trial Magazine.\u003c\/p\u003e\n\u003cp\u003eA 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 \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-fearless-cross-examiner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Fearless Cross-Examiner\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003c\/a\u003e 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 closing argument to hammer home the point to the jury. He does not focus on narrow discrepancies in testimony but rather on fundamental contradictions that underlie credibility.\u003c\/p\u003e\n\u003cp\u003eMalone’s thesis is that cross-examination can be destructive but also creative. Using court transcripts, he shows that opportunities exist for you to advance your client’s theory of the case while your opponent’s theory crumbles. The author sets up this thesis by using and extending his approach in Rules of the Road: Set up a commonsense rule that no person could disagree with, obtain the witness’s assent, and then force him or her to admit that the rule was broken. For example, Malone does a good job explaining how to expose the conflict between an expert’s supposed objectivity and genuine bias and using these contradictions to support a larger narrative of self-serving testimony. The lawyer must demonstrate not only bias but also bad motives—the big picture, not just the minor discrepancies.\u003c\/p\u003e\n\u003cp\u003eWhile experts get paid for testifying, plaintiff attorneys need to show that certain experts may be improperly motivated—such as a doctor whose principal source of income is testifying regularly for the defense, who last practiced years ago, whose credentials are no more than paper, or who never saw or treated the plaintiff. Malone’s arsenal also includes techniques such as acknowledging the witness’s expertise but showing that it is in the wrong field, or simply demonstrating that the witness is ignorant of basic case facts. Although the author’s examples are not entirely limited to his primary practice area (medical malpractice), his approach is heavily weighted toward expert examination. Additional discussion about cross-examining unpredictable lay witnesses—when expert reports, authoritative texts, and even deposition transcripts are not available—would be welcome, as would further development of Malone’s brief discussion of the cognitive psychology behind cross-examination. As a tool for dissecting expert testimony, however, Malone’s surgical approach is sharp and efficient.\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eCharles W. Day is the founder of The Day Law Practice in Rockville, Md. He can be reached at billday@daylawpractice.com Reprinted with permission of Trial® (February 2017) copyright © 2017 American Association for Justice www.justice.org\/publications\u003c\/em\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-fearless-cross-examiner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Fearless_Cross-Examiner_large.jpg?v=1539975856\" alt=\"\"\u003e\u003c\/em\u003e\u003c\/a\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-fearless-cross-examiner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Fearless Cross-Examiner\u003c\/a\u003e\u003c\/strong\u003e\u003cbr\u003eWin the Witness, Win the Case \u003cbr\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone \u003c\/a\u003e\u003cbr\u003eHardcover $134.00\u003c\/p\u003e\n\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2017-12-06T00:00:00-05:00","updated_at":"2019-01-22T20:05:44-05:00","summary_html":"","template_suffix":null,"handle":"breaking-tradition","tags":"Book Review, Patrick Malone","image":{"created_at":"2018-08-10T14:09:12-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Fearless.jpg?v=1533924552"}}},{"id" : 12973015099,"title" : "Book Review: Don’t Eat the Bruises Reviewed in The Verdict","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" },{ "tagHandle" : "keith-mitnik", "tag" : "Keith Mitnik" }],"articleYear" : 2017,"articleMonth" : "November","articleURL" : "/blogs/news/book-review-don-t-eat-the-bruises-reviewed-in-the-verdict","articleImageURL" : "","articleDate" : "November 27, 2017","articleExcerpt" : "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...","articleReadMoreText" : "Read more","articleJSON" : {"id":12973015099,"title":"Book Review: Don’t Eat the Bruises Reviewed in The Verdict","created_at":"2018-08-06T19:36:35-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003e\u003cstrong\u003eDon’t Eat the Bruises: How to Foil Their Plans to Spoil Your Case\u003c\/strong\u003e\u003c\/em\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003eHaving 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\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eany\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003easpect 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 process. I tell you this because virtually every time I review a book for WAJ-books that address various aspects of a personal injury practice-I find myself saying to myself, “Ric advocates this same approach”, or “Ric would disagree with that technique” or “Ric would be a proponent of that method” or something similar. When filtering the contents of\u003cspan\u003e \u003c\/span\u003e\u003cem\u003ethis\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ebook through this lens; the lens of my professional experiences and training, I can confidently assert that “\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e” provides the reader with a thoughtful system to consider utilizing when trying a personal injury matter.\u003c\/p\u003e\n\u003cp\u003eThe author is certainly no stranger to trying cases and, thus, brings instant credibility to the table. While working at Florida’s biggest personal injury firm, he has established an impressive track record by trying multiple cases every year. (Apparently, he is the designated trial attorney who is called in by his partners shortly before trial to see the matter through to the verdict.) Because he has tried so many cases, he became quite familiar with the defense playbook and, as a result, began to develop “countermeasures” to combat the defense “gimmicks.” These countermeasures were eventually compiled and published in this book-a book which is the product of a lifetime spent in courtrooms employing battle-tested strategies that have been fine-tuned over many years:\u003c\/p\u003e\n\u003cp\u003e“The global goal of this system is to gut the defense’s case while trying yours. Any time we rebut a defendant’s evidence, we run the risk of conceding that the case is about their issues. On the other hand, to ignore the defense arguments means to appear to have no answers to them. The strategies in this book will allow you to dismantle the defendant’s case from within the framework and themes of your case. You do not have to retreat, nor let them define the issues, to expose fatal flaws in their case”\u003c\/p\u003e\n\u003cp\u003eAccording to the author, “not eating the bruises” became a metaphor for not letting a defendant spoil the fruits of our cases by exploiting bias, taking things out of context and over-emphasizing imperfections at trial-which, we all know, the defense does in every single case.\u003c\/p\u003e\n\u003cp\u003eThis book tracks the four main parts of a trial with sections addressing voir dire, opening statement, evidence and closing argument. The book ends with a section addressing a new way to deal with the civil burden of proof. Each chapter not only includes a useful summation at the end, cleverly titled “Pairing It Down”, but also includes some samples of how the system was actually utilized in real world situations.\u003c\/p\u003e\n\u003cp\u003ePart I, entitled “Jury Selection: Cutting Out Bias” addresses the worst bruise of all-jury bias. It defines bias, identifies bias, and addresses how to educate the jury about bias. It also addresses how you can identify those at risk for bias so you can protect your preemptory strikes by setting up potentially biased jurors for cause strikes. Part II, entitled “The Untapped Power of Opening Statements” analyzes the three-step opening system: (1) eliminate the defendant’s favorite facts when you can; (2) own their favorite facts if you cannot eliminate them; and (3) put the defense’s favorite facts in context if you cannot eliminate or own them.\u003c\/p\u003e\n\u003cp\u003ePart III, entitled “The evidence Phase: Keeping the Lead” is the shortest section of the book and stresses maintaining the winning structure erected in Opening so as not to lose your advantage. Part IV, entitled “Closing: Bearing Fruit to the End” is “aimed at maximizing the opportunity Closing provides to excise, once and for all, the bruises the defense has been trying to inflict and exploit throughout the whole trial.” It provides some additional systems on how to efectively utilize note cards and presents some damages models for the reader’s consideration.\u003c\/p\u003e\n\u003cp\u003eIt is with this section that I feel compelled to interject a note of criticism. While I have been taught; and have utilized a model similar to the “Full Disclosure” damages model, one of the other damages model suggested is a “Per Diem” model. As we in Wisconsin know, however, utilizing anything close to a “per diem” argument is strictly verboten and grounds for a mistrial. To that end, the reader should make sure that any of the suggestions made by the author are acceptable in their jurisdiction before implementing them in their own personal injury “system.”\u003c\/p\u003e\n\u003cp\u003eIn the end, I would add this book to a long list of “must read” books that can certainly help with any lawyer’s ongoing development. I am confident that my mentor would agree.\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Dont_Eat_the_Brusies_large.jpg?v=1539974360\" alt=\"\"\u003e\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $125.00\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e \u003c\/div\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2017-11-27T00:00:00-05:00","updated_at":"2019-01-22T18:39:57-05:00","summary_html":"","template_suffix":null,"handle":"book-review-don-t-eat-the-bruises-reviewed-in-the-verdict","tags":"Book Review, Keith Mitnik"}},{"id" : 13969162299,"title" : "Book Review: 30(b)(6) Reviewed in Minnesota Trial","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2017,"articleMonth" : "November","articleURL" : "/blogs/news/book-review-30b6-reviewed-in-minnesota-trial","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/30b6_news_1024x1024.jpg?v=1539367944","articleDate" : "November 6, 2017","articleExcerpt" : "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 &amp; 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...","articleReadMoreText" : "Read more","articleJSON" : {"id":13969162299,"title":"Book Review: 30(b)(6) Reviewed in Minnesota Trial","created_at":"2018-10-12T14:12:24-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eBy: Nate Bjerke\u003cbr\u003eOriginally published in the Summer 2017 issue of\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.mnaj.org\/\"\u003eMinnesota Trial\u003c\/a\u003e: The Journal of the Minnesota Association for Justice\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003e30(b)(6): Deposing Corporations, Organizations \u0026amp; the Government\u003c\/em\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003eAll 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 if you’re like me, you may even have days where you start to think your mom was right-you should have gone to dental school. If we’re being brutally honest with ourselves, the frustration that pains us comes from feeling powerless.\u003c\/p\u003e\n\u003cp\u003eBut we are far from powerless-the tools are in the Rules, we just need to know how to use them. I have yet to meet a lawyer who knows the rules and how to use them to get to the truth better than \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMark Kosieradzki\u003c\/a\u003e. In his book, Mark shares what he has learned and perfected through decades of hard work, determination, and legal genius to cut through the rubbish and get to the truth.\u003c\/p\u003e\n\u003cp\u003eMark has seen and solved every discovery problem we all face, from wiggly witnesses, to lawyers coaching deposition testimony, to hide-the-ball objections. This book tells you how to deal with all of it-professionally and effectively.\u003c\/p\u003e\n\u003cp\u003eI don’t care if you are in your first or 50th year of practice, if you read this book, you will be infinitely better equipped to get the truth-telling evidence you need to fight for your clients-in other words, to take back the power. Mark’s book has become required reading for every trial lawyer in our firm.\u003c\/p\u003e\n\u003cp\u003eMark also shows us we have the power to get to the truth efficiently and cost-effectively. Gone are the days of needing to depose 20 corporate witnesses who may or may not offer testimony that binds the company. Using Mark’s techniques, you have the power to get straight answers from a single witness who binds the company.\u003c\/p\u003e\n\u003cp\u003eLawyers representing organizations, this book is for you too. After doing corporate work for 12 years, I understand the struggles and pressures to not only win, but to win cost-effectively and with minimal disruption to your client’s everyday business. Understanding 30(b)(6) and how you can use it to product one-rather than 10-witnesses saves your client’s time and money. Your clients will not have to produce every technician, staff person or employee who was involved in a process or decision for which they are being sued. Instead, they select the witness or witnesses to speak on behalf of the company. Mark’s book also summarizes the law on what is and is not proper conduct under the rules to help organizations avoid discovery fights that can lead to sanctions and other fights that don’t make our judges happy.\u003c\/p\u003e\n\u003cp\u003eI read more books on trial practice and litigation than novels. I have one shelf that houses those precious few law books I read over and over, whenever I get stuck or need direction. Mark’s book, complete with all of my added dog-ears, tabs, notes, and highlights, has earned a permanent spot on that shelf. \u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/30b6_large.jpg?v=1539974063\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/30-b-6\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e30(b)(6) Deposing Corporations, Organi­za­tions \u0026amp; the Government\u003c\/a\u003e \u003c\/em\u003e\u003c\/strong\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/mark-r-kosieradzki\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMark R. Kosieradzki\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $155.00\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e\n\u003cdiv\u003e\u003c\/div\u003e\n\u003cp\u003e\u003cb\u003eNate Bjerke is a Personal Injury attorney with TSR Injury Law in Minneapolis, MN. He can be reached at nate@tsrinjurylaw.com\u003c\/b\u003e\u003c\/p\u003e\n\u003cp\u003e*Reprinted with permission of Minnesota Trial (Summer 2017) copyright © 2017 Minnesota Association for Justice\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.mnaj.org\/\"\u003ewww.mnaj.org\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2017-11-06T14:11:00-05:00","updated_at":"2019-01-22T20:13:40-05:00","summary_html":"","template_suffix":null,"handle":"book-review-30b6-reviewed-in-minnesota-trial","tags":"Book Review","image":{"created_at":"2018-10-12T14:12:24-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/30b6_news.jpg?v=1539367944"}}},{"id" : 29407182902,"title" : "Attorney Keith Mitnik Shares How His Systems Helped Obtain An $8 Million Verdict","articleTags" : [{ "tagHandle" : "keith-mitnik", "tag" : "Keith Mitnik" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2017,"articleMonth" : "June","articleURL" : "/blogs/news/attorney-keith-mitnik-shares-how-his-systems-helped-obtain-an-8-million-verdict","articleImageURL" : "","articleDate" : "June 1, 2017","articleExcerpt" : "Keith Mitnik, author of Trial Guides bestselling book, Don’t Eat the Bruises,recently obtained an $8 million verdict in a car crash case resulting in a herniated disc, in which $7.5 million were for noneconomic/general damages.Keith explained how the systems in his book paved the way for this greatverdict: “The venue was conservative, so I leaned heavily on the voir dire systemswhich allowed us to eliminate a bunch of biased panelists and get a fair jury.The defense was relying on their standard arguments that our client’s problemseither preexisted or were being exaggerated. They also accused her ofcovering up significant prior injury...","articleReadMoreText" : "Read more","articleJSON" : {"id":29407182902,"title":"Attorney Keith Mitnik Shares How His Systems Helped Obtain An $8 Million Verdict","created_at":"2019-04-17T19:09:13-04:00","body_html":"\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e, author of Trial Guides bestselling book, \u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e,\u003cbr\u003erecently obtained an $8 million verdict in a car crash case resulting in a herniated disc, in which $7.5 million were for noneconomic\/general damages.\u003cbr\u003eKeith explained how the systems in his book paved the way for this great\u003cbr\u003everdict:\u003c\/p\u003e\n\u003cp\u003e“The venue was conservative, so I leaned heavily on the voir dire systems\u003cbr\u003ewhich allowed us to eliminate a bunch of biased panelists and get a fair jury.\u003cbr\u003eThe defense was relying on their standard arguments that our client’s problems\u003cbr\u003eeither preexisted or were being exaggerated. They also accused her of\u003cbr\u003ecovering up significant prior injury incidents. By using the in context v out of\u003cbr\u003econtext model in opening [discussed in Don't Eat the Bruises], we were able to dismantle those unfair attacks, before they could gain traction. Cross-examinations completely exposed the fatal flaws in the defense experts’ stories by employing other Bruises strategies.\u003c\/p\u003e\n\u003cp\u003eIn closing, we used a damages model from the book that was righteous and fit\u003cbr\u003ethe facts. As a result, the jury embraced our math and returned a great verdict\u003cbr\u003efor the client. But for these systems, this $8 million verdict would never have\u003cbr\u003ehappened and our client would not have tasted the sweetness of such a just\u003cbr\u003eresult.”\u003c\/p\u003e\n\u003cp\u003eCheck out Keith's book for his case-winning methods:\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Dont_Eat_the_Brusies_large.jpg?v=1539974360\" alt=\"\"\u003e\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $125.00\u003cstrong\u003e\u003cbr\u003e\u003c\/strong\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/keith-mitnik-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Keith_Mitnik_Package_f299a0f1-ba5a-4fd3-8c89-a94dd2de7049_large.jpg?v=1539979803\" alt=\"\"\u003e\u003c\/a\u003e\u003cstrong\u003e \u003c\/strong\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/keith-mitnik-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik Package\u003c\/a\u003e\u003c\/strong\u003e \u003cspan\u003e \u003c\/span\u003e\u003cbr\u003eRegular Price: $315.00 Discount: $283.50\u003c\/div\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2017-06-01T00:00:00-04:00","updated_at":"2019-04-18T17:09:55-04:00","summary_html":"","template_suffix":null,"handle":"attorney-keith-mitnik-shares-how-his-systems-helped-obtain-an-8-million-verdict","tags":"Keith Mitnik, Verdict"}},{"id" : 13969227835,"title" : "Nick Rowley Dons A Chicken Costume For Justice","articleTags" : [{ "tagHandle" : "nick-rowley", "tag" : "Nick Rowley" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2017,"articleMonth" : "March","articleURL" : "/blogs/news/nick-rowley-dons-a-chicken-costume-for-justice","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Rowley_chicken_suit_943x282_3855af7f-6a00-400d-95fe-1d0b39e6c14a_1024x1024.jpg?v=1539369116","articleDate" : "March 15, 2017","articleExcerpt" : "As America’s leading litigation publisher, we hear a lot of great trial stories. After all, we publish the best trial lawyers in the country—including more Inner Circle of Advocate members than all of the other legal publishing companies combined. But when we heard about one of Nick Rowley’s recent trials, we had a hard time believing it. Then we received the pictures. But first, a bit of background about why we think this story helps our customers think outside the box to do a better job for their clients. “The Golden Rule” prevents most of us from asking jurors to...","articleReadMoreText" : "Read more","articleJSON" : {"id":13969227835,"title":"Nick Rowley Dons A Chicken Costume For Justice","created_at":"2018-10-12T14:31:56-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eAs America’s leading litigation publisher, we hear a lot of great trial stories. After all, we publish the best trial lawyers in the country—including more Inner Circle of Advocate members than all of the other legal publishing companies combined. But when we heard about one of \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNick Rowley’s \u003c\/a\u003erecent trials, we had a hard time believing it. Then we received the pictures.\u003c\/p\u003e\n\u003cp\u003eBut first, a bit of background about why we think this story helps our customers think outside the box to do a better job for their clients.\u003c\/p\u003e\n\u003cp\u003e“The Golden Rule” prevents most of us from asking jurors to put themselves in our client’s shoes. So how do we get decision-makers to understand our client’s true losses? The problem may not be due to the Golden Rule’s limitations, but instead with the limitations we place on ourselves when trying cases. The better question may be: How can we, as lawyers, understand our client’s losses so well that we can provide a very real presentation of their story that ignites a juror to appropriately compensate our client for their losses?\u003c\/p\u003e\n\u003cp\u003eWe wanted to share a remarkable story about the methods used by Trial Guides author Nick Rowley to step into his client’s shoes in a recent trial that made national headlines. The story shows how Nick is willing to try cases in a way that, while unconventional, is key to helping jurors identify with the plaintiff without Nick ever asking it of them. We believe it is Nick’s innovative methods, as discussed in his book and videos, that have resulted in his string of stunning verdicts.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eIn what is almost certainly a first, Nick gave part of his closing statement in a full-sized chicken costume.\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eThe case involved a high school student who was convinced to wear the chicken mascot suit of a rival opposing high school for a pep rally skit. When he went on the basketball court during the pep rally, two students hit him and knocked him over. Concerned for his safety, Nick’s client told a school administrator he did not want to go back on the court out of concern he could be injured.\u003c\/p\u003e\n\u003cp\u003eThe administrator told him to go back out or he would have to personally pay for the suit rental. When Nick’s client went back on the court with limited sight and sound while wearing the outfit, he was attacked by a swarm of students including the varsity football team, who tackled him, punched him repeatedly, body slammed him, and then piled on top of him on the hardwood floor. Nick’s client sustained a mild traumatic brain injury with associated damage to his pituitary gland resulting in hormonal changes that will result in permanent health issues, including growth hormone deficiencies. He experienced cognitive changes that resulted in falling grades, as well as anxiety, depression, and behavioral changes. Rowley told the jurors, “the boy that left that morning to go to school never came back home.”\u003c\/p\u003e\n\u003cp\u003eThe school denied any prior incidents like this in discovery. But through investigation, the legal team uncovered that this had not been the first attack of its kind at that high school. In 2005, a teacher from the same school had worn a costume of an opposing team’s mascot, was similarly hurt and ended up with a torn rotator cuff, five broken ribs, and back injuries. Despite this history, the school never warned Nick’s client of the danger, and badgered him into going on the court even after the initial assault. Moreover, the lawsuit alleged that the school neglected to quickly intervene after students attacked Nick’s client, leaving him to sustain more serious injuries.\u003c\/p\u003e\n\u003cp\u003eThe trial lawyers in this case were Nick and his close friend Joseph Low—a fellow instructor at Gerry Spence’s Trial Lawyers College. Prior to Nick and Joseph taking the case over, the best offer was a $50,000 “nuisance offer.” The trial team was brought in only two weeks before trial, by which time multiple focus groups had returned a defense verdict.\u003c\/p\u003e\n\u003cp\u003eThere were multiple problematic facts, multiple causation issues, and the injuries were not as well documented as they had hoped. The factual problems in the case included no loss of consciousness displayed on the video of the event, the brain injury diagnosis was delayed, a history of other concussions, issues with experts, and more. The client’s medical bills prior to trial totaled $103,000. With two weeks until trial, the file contained forty-four depositions comprising 6,600 pages—in addition to the medical records. But Nick and Joseph, who have a history of success trying traumatic brain injury cases, felt strongly about their client’s case.\u003c\/p\u003e\n\u003cp\u003eThe defense made no further attempts to settle the case and didn’t take Nick and Joseph’s involvement seriously. They treated the client’s injuries as a joke even though there was video demonstrating the attack. A new defense lawyer was brought in late in an attempt to stop Nick.\u003c\/p\u003e\n\u003cp\u003eThe plaintiff team, used to having shadow jurors in the courtroom on behalf of defendants did something that proved useful. They hired one of their focus group participants to come to trial and work as a shadow juror for the plaintiff. Joseph picked the one focus group member who was against their case from the beginning and fought them the entire way. He was unemployed, young, and skeptical. But he was also thoughtful, detailed, and helpful with his criticisms of the case. His feedback during the trial proved incredibly valuable.\u003c\/p\u003e\n\u003cp\u003eDespite having just finished (and winning) another trial the week before, Nick handled voir dire. Joseph Low did the opening and first witnesses. Low’s opening was compelling and set the tone for the trial. On the first day of trial, the defense made a $1 million offer. Nick told them he wouldn’t accept less than eight figures, so the trial continued. In the liability phase of the bifurcated case, the defense made an offer for $1.25 million and then $1.5 million. Nick and Joseph declined. Nick would call the adjustor on the east coast every day and tell her that the defense was going to lose.\u003c\/p\u003e\n\u003cp\u003eThe defense was that the plaintiff volunteered to wear the costume, and that the client was “motivated by greed for money to tell absurd stories in an effort to justify how this went down.” Defense counsel told jurors they had been “treated to an absurd and incredible story, which has been told by [the client] and his counsel, which is not worthy of your belief.” He then blamed the plaintiff for being attacked.\u003c\/p\u003e\n\u003cp\u003eThroughout the trial, Nick asked defense witnesses to put on the costume to see what it was like for his client. None of them would step into his client’s position by putting on the suit. Jurors apparently recognized the refusal of the defendants to put themselves in the shoes of the injured boy. During his closing statement, Nick decided it was time to do it himself. Twenty minutes into his closing he grabbed the suit and started to put it on. As he got in the chicken suit he told the jury what it was like, being isolated in the smelly suit that was the same one rented by the school on the day his client was attacked. Defense counsel objected that it was improper, but the judge overruled the objection on the condition that it was “done respectfully and as a rhetorical device.” Nick continued to put on the suit, and talked about the limited ability to see and hear once he was inside the suit, and the horrible smell of the costume that still had his client’s blood stains in it—creating a scene for the jury that helped them imagine what it was like to be his client at the time he was attacked. His method of conveying how vulnerable his client was helped the jurors connect with the client’s experience. Joseph said afterward, “he was able to cause the jury to reverse rolls with the guy inside.“\u003c\/p\u003e\n\u003cp\u003eThe defense was successful in getting the judge to allow eleven names of fellow students on the verdict form for the comparative negligence decision. In his rebuttal liability closing, Nick focused on why it was the school’s fault.\u003c\/p\u003e\n\u003cp\u003eIn a bifurcated case, the jury first determined the school district was liable before they decided damages. The adjustor called Nick during deliberations and told him the $1.5 million offer was off the table once the jury buzzed with a verdict. Nick told her the jury would find the school 100 percent at fault, and that they would be back in one hour with that verdict. It took sixty-five minutes for the jury to find the school 100 percent liable.\u003c\/p\u003e\n\u003cp\u003eThe insurer offered $2.5 million and begged Nick for a counter offer. He didn’t make one, and started opening statements for the damages case. Rowley asked the jury for $45 million in the opening for damages, and put on his first damages witness—the treating psychologist. The insurer called back asking for a number below the last plaintiff offer of $8.1 million. He said no, and told her she had ten minutes to offer the policy limit of $10 million plus the $500,000 SIR. Seven minutes later, the adjustor called with an offer of $9 million and Nick said no and then hung up. The vice president of the insurer called back immediately and offered the $10.5 million. The client accepted. Rowley felt it was the right choice for his client, given threats to tie the case up in appeals for years if it wasn’t settled. He understood the client needed the money to pay for ongoing treatment costs at a brain injury facility and that he couldn’t wait for years through the appeals process.\u003c\/p\u003e\n\u003cp\u003eJoseph Low notes “The Judge, at our request, kept the jury impanelled so we could thank them and tell them about the settlement and so the school’s lawyer could make the public apology. We talked with the jury for about a half an hour and had our client come up and thank them. After we were done, the jurors lined up to come talk to us and give us hugs. The foreperson against us on liability started to cry and said that she voted against us because she felt that she could not go back and face her own school and her cheerleaders whom she coached if she had sided with the student. She was clearly biased and had snuck onto the jury as a rogue. Nick told her he totally understood and that it was okay and hugged her and she cried hysterically on his shoulder. The defense lawyer asked the entire panel, after we merely thanked them, what they would have awarded our client. They all said ’more than the settlement, a lot more.’ Most actually said they would have awarded us what Nick had asked for, $45 million, or more.”\u003c\/p\u003e\n\u003cp\u003eJoseph further notes “the best part about the trial, the school district agreed to give him a public apology and to pass a rule in what is the largest school district in the state and the largest campus in the district. A rule that no opposing team mascots can be used to incite the students at pep rallies. My research revealed that this is something that has hurt students and teachers all over the country. As a result, this is likely to be a new rule adopted by learning institutions throughout the country.”\u003c\/p\u003e\n\u003cp\u003eDespite the “motivated by greed” secondary gain defense in the trial, an attorney for the school district admitted afterward that this incident should have never happened and that the entire school district is sorry that it did. He noted that he was certain the outcome of the case would result in a review of the district’s policies and procedures to protect students. It is only by pushing cases to trial and in effectively conveying the full scope of your client’s losses can you effect institutional change that protects people from future harm. In response Nick said, ”When a jury speaks, people listen.”\u003c\/p\u003e\n\u003cp\u003eNick has collaborated with Trial Guides to create a book and videos based on his client-centric Trial by Human trial methods that help you tell the client’s story in a compelling way. Joseph Low is also featured on the DVD set\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/jury-selection-opening-statements-trial-by-human-series-video-1\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eTrial By Human: Jury Selection \u0026amp; Opening Statements\u003c\/em\u003e.\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003eIn addition, today we are announcing the start of Nick’s Trial By Human listserv. You must be a full time civil plaintiff or criminal defense lawyer to join. You can find the Trial by Human website and listserv signup here:\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"http:\/\/www.trialbyhuman.com\/\"\u003ewww.trialbyhuman.com\u003c\/a\u003e. The listserv features Nick Rowley teaching how to use the Trial by Human method to win your cases.\u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2017-03-15T00:00:00-04:00","updated_at":"2019-01-14T19:04:53-05:00","summary_html":"","template_suffix":null,"handle":"nick-rowley-dons-a-chicken-costume-for-justice","tags":"Nick Rowley, Verdict","image":{"created_at":"2018-10-12T14:31:56-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Rowley_chicken_suit_943x282_3855af7f-6a00-400d-95fe-1d0b39e6c14a.jpg?v=1539369116"}}},{"id" : 13969358907,"title" : "The Razor Edge of Truth at Trial","articleTags" : [{ "tagHandle" : "book-review", "tag" : "Book Review" }],"articleYear" : 2016,"articleMonth" : "December","articleURL" : "/blogs/news/the-razor-edge-of-truth-at-trial","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/RazorEdge_1024x1024.jpg?v=1539369507","articleDate" : "December 28, 2016","articleExcerpt" : "By Bill DayOriginally published at daylawpractice.com. In my experience, people often do not think of law as a particularly creative pursuit. As Daniel Webster famously observed, “If he would be a great lawyer, he must first consent to become a great drudge.” It is not hard to conjure up an image of the hapless wretch poring over contracts surrounded by crumbling, dust covered, leather bound tomes, even if nowadays it is more often late nights in the pale blue glow of the flat screen. The dreary life of the law student leads to the dreary life of the highly paid corporate...","articleReadMoreText" : "Read more","articleJSON" : {"id":13969358907,"title":"The Razor Edge of Truth at Trial","created_at":"2018-10-12T14:37:23-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eBy Bill Day\u003cbr\u003eOriginally published at\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.daylawpractice.com\/blog\/2016\/9\/10\/ovdho0y7v8wj08gxnuz17so5o50sk7\"\u003edaylawpractice.com\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003eIn my experience, people often do not think of law as a particularly creative pursuit. As Daniel Webster famously observed, “If he would be a great lawyer, he must first consent to become a great drudge.” It is not hard to conjure up an image of the hapless wretch poring over contracts surrounded by crumbling, dust covered, leather bound tomes, even if nowadays it is more often late nights in the pale blue glow of the flat screen. The dreary life of the law student leads to the dreary life of the highly paid corporate serf, trapped in a maze of rigid statutes and stale precedents.\u003c\/p\u003e\n\u003cp\u003eTrial lawyers get a little more credit for flash, even if all too often it comes with a certain seedy undertone. But all of the quick tricks in front of the TV jury, the product of a one-hour police investigation and a few quick conferences, fail to capture the depth of thought, preparation, and practice necessary to conduct a successful jury trial. Too often the common perception of the trial lawyer is a person who is slick rather than sage.\u003c\/p\u003e\n\u003cp\u003eHow refreshing it is, then, to come across a trial lawyer’s manual that combines a thoughtful approach with a brisk style that dispels both stereotypes. \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePat Malone’s\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/the-fearless-cross-examiner\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eFearless Cross-Examiner\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003ebreathes new life into the most critical and dramatic element of courtroom practice, cross-examination. He abandons the hoary flim flam of misdirecting the witness and then hiding the ball until the lawyer can safely address the jury after the hapless witness steps down. Malone shows how this approach is not only dishonest but also ineffective; the great cross-examinations he cites break all the “rules” that have been hammered into generations of law students.\u003c\/p\u003e\n\u003cp\u003eMalone takes a more thoughtful and principled approach, one designed not only for greater effectiveness in the courtroom but also for restoring the reputation of cross as the “greatest legal engine ever invented for the discovery of truth.”\u003c\/p\u003e\n\u003cp\u003eHis approach requires the lawyer to align himself with basic, generally accepted principles, well-known to lawyers under the rubric of “rules of the road.” The strategy is to confront the witness with a rule that he must embrace or look foolish and then demonstrate how that rule has been violated. Malone’s nuanced approach requires a choice among strategies, sometimes with a bit of mix and match.\u003c\/p\u003e\n\u003cp\u003eConfronted with an adverse witness, one can attempt to co-opt him by bringing him around to one’s own point of view. This idea of using the adverse witness to build one’s own case runs directly contrary to the conventional wisdom that the sole purpose of cross-examination is to discredit a witness.\u003c\/p\u003e\n\u003cp\u003eOf course, when a witness will not be persuaded to come around to one’s own point of view by gentle persuasion, sometimes he must be shown the error of his ways. Malone, however, refuses to be boxed into a strategy of petty contradiction based on peppering the witness with leading questions until the lawyer can pounce on some minor error or lapse of memory.\u003c\/p\u003e\n\u003cp\u003eFundamentally, Malone has too much respect for the jury to engage in such petty gamesmanship. He is after bigger quarry. If the jury is going to see through the expert for hire or the recalcitrant opponent, he needs to expose fundamental bias or self-interested contradictions. Malone understands that people, juries, are interested in truth. They will forgive error, but can be terribly intolerant of dishonesty. Peeling away layer after layer of lies can be accomplished by any number of methods: demonstrating that a witness is not qualified or even that his experience does not bear on the subject at hand, that his self-interest has biased him, that he is contradicted by generally accepted authority, or even that he has tailored his more recent statements to suit his objectives at trial.\u003c\/p\u003e\n\u003cp\u003eWhichever method Malone selects, he is focused on telling the jury a clear and coherent story with a cogent point at the end. Not for him leaving the point of the cross until the closing argument, when the story is a distant memory. Malone is playing the high stakes game of giving the witness room to talk and an opportunity to be heard, a game that can only be won by careful planning and creative insight directed at substantial goals. The jury needs to get the big idea, not the petty point.\u003c\/p\u003e\n\u003cp\u003eVery much a how-to book for lawyers, this tightly written manual could nevertheless be profitably read by aspiring law students or even people who are simply interested in the mechanics of how the drama at trial unfolds. Highly recommended.\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\u003cmeta charset=\"utf-8\"\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-fearless-cross-examiner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Fearless_Cross-Examiner_large.jpg?v=1539975856\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-fearless-cross-examiner\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Fearless Cross-Examiner\u003c\/a\u003e\u003c\/strong\u003e\u003cbr\u003e\u003cspan\u003eWin the Witness, Win the Case \u003c\/span\u003e\u003cbr\u003e\u003cspan\u003eby \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003cspan\u003e \u003c\/span\u003e\u003c\/a\u003e\u003cbr\u003e\u003cspan\u003eHardcover $134.00\u003c\/span\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-12-28T14:37:00-05:00","updated_at":"2019-01-22T20:18:16-05:00","summary_html":"","template_suffix":null,"handle":"the-razor-edge-of-truth-at-trial","tags":"Book Review","image":{"created_at":"2018-10-12T14:38:27-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/RazorEdge.jpg?v=1539369507"}}},{"id" : 13968834619,"title" : "Ten Years of Rules of the Road","articleTags" : [{ "tagHandle" : "rick-friedman", "tag" : "Rick Friedman" }],"articleYear" : 2016,"articleMonth" : "November","articleURL" : "/blogs/news/ten-years-of-rules-of-the-road","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/TenYears_1024x1024.jpg?v=1539364584","articleDate" : "November 22, 2016","articleExcerpt" : "Ten years ago, Trial Guides first published its best selling book: Rules of the Road, by Rick Friedman and Patrick Malone. As we approach the holidays, we wanted to take a moment and give thanks for the past ten years. We are proud not only of all our authors and the wonderful work they do, but of each and every one of our customers. The work you do representing the injured, bereaved, and downtrodden—though it may be hard, demanding, and often thankless—is vital our society. You are the reason we come to work everyday and the reason we strive to create...","articleReadMoreText" : "Read more","articleJSON" : {"id":13968834619,"title":"Ten Years of Rules of the Road","created_at":"2018-10-12T13:11:21-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eTen years ago, Trial Guides first published its best selling book:\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003c\/a\u003e, by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003eAs we approach the holidays, we wanted to take a moment and give thanks for the past ten years. We are proud not only of all our authors and the wonderful work they do, but of each and every one of our customers. The work you do representing the injured, bereaved, and downtrodden—though it may be hard, demanding, and often thankless—is vital our society. You are the reason we come to work everyday and the reason we strive to create products aimed at helping you and your clients. So thank you for the work you do.\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ehas been instrumental to tens of thousands of lawyers working to represent their clients more successfully. Earlier this year, we had the chance to reach out to the authors of\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003c\/a\u003e. They were kind enough to share a few thoughts on what the book has meant to them, ten years after it’s first publication. After reading their responses, the company’s founder thought he would share a brief recount of the history of\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eand what it has meant for Trial Guides and the way it has impacted the practice of law. Their thoughts are below.\u003c\/p\u003e\n\u003ch2\u003eFrom the Authors:\u003c\/h2\u003e\n\u003cdiv\u003e\n\u003cp\u003eSome have likened publishing a book to putting a message in a bottle and throwing it out to sea. You don’t know who—if anyone—will read your message; you don’t know who the message will connect you with.\u003c\/p\u003e\n\u003cblockquote\u003e\n\u003cp\u003eTen years after Pat and I threw\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003einto the sea, I have been changed by the book in ways I could not have imagined. Or, more precisely, I have been changed by the readers of the book. First, the book connected me to one of the finest lawyers I know, my coauthor, Pat Malone. Then, it connected me with a group of professionals at Trial Guides, committed to assisting plaintiffs’ lawyers in all aspects of their practices. They took a chance on a strange and unusual book. And, most important, it connected me with courageous lawyers throughout the country, fighting for something bigger than themselves. So happy birthday [anniversary?]\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e, and thank you for connecting me to a community of smart, idiosyncratic, neurotic, funny, resilient, and values-driven lawyers, who are fighting for the soul of this country.\u003c\/p\u003e\n\u003c\/blockquote\u003e\n\u003cp\u003e\u003cstrong\u003e—Rick Friedman\u003c\/strong\u003e\u003c\/p\u003e\n\u003cblockquote\u003e\n\u003cp\u003eTen years! It feels like only yesterday that we launched\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e. I’m grateful for many things: for the chance to work with a great lawyer like Rick Friedman and the superb staff at Trial Guides, for the opportunity to get to know a bunch of wonderfully dedicated plaintiffs’ advocates across the country who want to do their very best for their clients, and—selfish, maybe, but it’s true—I’m grateful for how I’ve become a much better lawyer by toiling on this book and the many talks I’ve given about our approach to advocacy. There is no better way to learn something than to confront the terror of having to develop your own ideas and explain them in public. Thank you, Rick, for giving me that chance. And thank you, Aaron and the whole Trial Guides team, for sticking with us.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e—Patrick Malone\u003c\/strong\u003e\u003c\/p\u003e\n\u003c\/blockquote\u003e\n\u003c\/div\u003e\n\u003ch2\u003eA Note from Our Founder:\u003c\/h2\u003e\n\u003cp\u003eInsurance guru Gary Fye introduced me to Rick Friedman in early 2004, not long after I’d self-published my book on Colossus—the beginning of what would become Trial Guides. At the time, I was just four years out of law school, knew little about the practice of law, and had no intention of starting a publishing company. I had no background in publishing, and had no idea how to put a book together. I had turned down offers on my Colossus book from three of the major legal publishers because, despite my lack of experience, I strongly believed in creating uncensored resources for plaintiffs’ lawyers that I could prohibit from being sold to insurance companies.\u003c\/p\u003e\n\u003cp\u003eGary told me that Rick was, although little known at the time, one of the best trial lawyers in the country and that I should get to know him. He told Rick about my self-published book on the insurance industry’s secret bodily injury software. During our brief first meeting, Rick talked about wanting to write a book on the methods he had successfully used to win difficult cases in Alaska. He was interested in having me help him because he didn’t want to work with the established legal publishers. He didn’t think the book matched their model of publishing. I told him I’d be happy to help.\u003c\/p\u003e\n\u003cp\u003eRick and I corresponded regarding cases for about a year before he sent me an email on July 1, 2005. It said, “I am starting my book.” Three weeks later, he had finished seven chapters and told me he would have it done in August. He wanted to know if the book would be out by January. Looking back, I was oddly optimistic about this request, given that Trial Guides had neither any editors nor graphic designers and I didn’t even know anyone with those skills. Instead, I was more concerned about finding outside legal counsel to review it in time to meet the deadline, per the requirements of my media insurance.\u003c\/p\u003e\n\u003cp\u003eTwo days later, Rick emailed me:\u003c\/p\u003e\n\u003cp\u003eFor the title, I am thinking of\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eThe Rules of the Road for Trying Insurance Bad Faith and Other Difficult Cases\u003c\/em\u003e. Kind of a long title. If you have any other ideas, I’d like to hear them. I am thinking the book cover might look a little like a driver’s ed manual. Maybe yield and stop signs in the background, but the signs saying “don”t yield” and “don’t stop.” But I”ll leave that to the experts.\u003c\/p\u003e\n\u003cp\u003eApparently Rick thought I was that expert, since I was running the company alone out of one small office in my solo law firm.\u003c\/p\u003e\n\u003cp\u003eEarly on, Rick and I discussed some of the problems with legal publishing, and how we thought it could be improved. Instead of going with a binder, and providing annual updates that would be billed to lawyers who hadn’t ordered them, we decided on a conventional book format. Rather than going with a conservative text-only cover, we would use graphics. Instead of focusing on case law, we would focus on the more timeless and practical skills practicing lawyers need to succeed. And instead of starting prices at $300 with annual updates of $85 or more, we would sell the book at a one-time price of $95. While its beginnings were humble, the formula Rick and I discussed for\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ehas changed legal publishing. Rather than focusing on profits, Trial Guides has always put helping practicing lawyers and their clients first.\u003c\/p\u003e\n\u003cp\u003eRick finished the first manuscript of\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eon August 5. The original manuscript was 200 pages long. Five covers were developed by our first (part-time) employee, and Rick selected a cover that matched his idea of looking like a driving manual. At the time, we were operating under a different name. Due to Rick’s concerns about another similarly named publishing company that published romance and erotic novels, I renamed the company “Trial Guides.”\u003c\/p\u003e\n\u003cp\u003eAfter sending\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eout for reviews, Rick realized that the book could be improved by bringing in his fellow Inner Circle member Patrick Malone as a coauthor. Pat did a good deal of work on\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e, expanding concepts and broadening the scope of the book. On October 7, the book was retitled\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability\u003c\/em\u003e. With Rick and Pat’s collaboration, the manuscript increased to 300 pages.\u003c\/p\u003e\n\u003cp\u003eThe legal review for the Colossus books had taken nearly a year, and the necessary rewrites to get legal approval took almost another. Aware this was not going to work with Rick’s time expectations, I found a new publishing lawyer for Trial Guides who has been our outside counsel ever since. He was able to turn the legal review around quickly and it helped us keep the book moving forward.\u003c\/p\u003e\n\u003cp\u003eAt the time, the only experience I had in printing a paperback was a small 100 page version of the Colossus book I had printed at a local Kinkos in 2002 before the larger binder books came out. I had never had a problem with the quality, so I went back to Kinkos to print the first run of\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e.\u003c\/p\u003e\n\u003cp\u003eI’d like to tell you that it was a smashing success, and in a way it was. The book sold more quickly than any of us had expected. The downside however, was that Kinkos had used the wrong kind of glue to bind the books, and I quickly received reports that pages were falling out. I agreed to replace every defective copy for free, and Rick and Pat were both very forgiving.\u003c\/p\u003e\n\u003cp\u003eIn quick order, I researched the best book manufacturing machines in the world (Swiss) and then found a printer that used those machines in the US. I wanted to ensure Trial Guides never had a quality issue again. I reprinted\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ein hardcover, and Trial Guides continues to use that printer to this day. I still keep a few copies of that first failed paperback in the office to keep the company focused on creating the very best quality products.\u003c\/p\u003e\n\u003cp\u003eIn addition to excellent writing and editing, Pat also brought something that proved to be instrumental to the success of both\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand Trial Guides—a review by David Ball. As Rick and Pat say in the preface to the second edition:\u003c\/p\u003e\n\u003cp\u003eLike those of countless other plaintiff’s lawyers, our ideas have been picked up, polished, and refined by one of the great legal tacticians of our age, David Ball. Ball picked up an early copy of\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand ran so fast we often lost sight of him. He immediately understood the power of this approach and brought his own energy and creativity to improving it. He saw things we did not and knew how to teach things we had trouble articulating.\u003c\/p\u003e\n\u003cp\u003eWhile\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003ewould have found some level of success on its own, I think we all agree that had it not been for David’s praise, it would not have become the overwhelming success it has been since its release. I also have no question in my mind that were it not for David Ball’s promotion of Trial Guides, our company would not exist today.\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eRules of the Road\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eis the best selling book that Trial Guides has ever released, and its sales have all been put back into creating new products for plaintiffs’ lawyers. I know that were it not for the book’s success, none of the other Trial Guides products would exist. From the feedback I’ve been given over the years, I know that tens of thousands of lawyers, and likely hundreds of thousands of injured people, have benefitted from this book. Ten years later, I am still in the trenches trying larger cases and have benefitted immensely from learning all I have from Trial Guides products.\u003c\/p\u003e\n\u003cp\u003eRespectfully,\u003cbr\u003eAaron DeShaw\u003cbr\u003eFounder of Trial Guides\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/RoR_large.jpg?v=1539975434\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003c\/a\u003e\u003c\/p\u003e\n\u003cdiv style=\"text-align: center;\"\u003eHardcover $125.00\u003c\/div\u003e\n\u003cbr\u003e \u003cspan\u003e\u003c\/span\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-11-22T13:11:00-05:00","updated_at":"2019-01-22T17:49:32-05:00","summary_html":"","template_suffix":null,"handle":"ten-years-of-rules-of-the-road","tags":"Rick Friedman","image":{"created_at":"2018-10-12T13:16:24-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/TenYears.jpg?v=1539364584"}}},{"id" : 13969948731,"title" : "$1.7 Million Verdict on A Zero Offer Case","articleTags" : [{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2016,"articleMonth" : "August","articleURL" : "/blogs/news/1-7-million-verdict-on-a-zero-offer-case","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/1.7MillionVerdict_1024x1024.jpg?v=1539372453","articleDate" : "August 24, 2016","articleExcerpt" : "Trial Guides congratulates Minnesota attorney Joe Crosby for his recent $1.7 million verdict in a no offer medical malpractice case. Crosby and Liz Fors, his paralegal who co-chaired the trial with him, spent six years fighting against a defense that repeatedly claimed they would never make an offer. Crosby’s client was permanently paralyzed on the right side of his face during what should have been the routine removal of a small benign tumor. Trial Guides asked Crosby if he gained any insights from this case that might help other lawyers. Crosby was kind enough to share some of the story, including...","articleReadMoreText" : "Read more","articleJSON" : {"id":13969948731,"title":"$1.7 Million Verdict on A Zero Offer Case","created_at":"2018-10-12T15:27:33-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eTrial Guides congratulates Minnesota attorney Joe Crosby for his recent $1.7 million verdict in a no offer medical malpractice case. Crosby and Liz Fors, his paralegal who co-chaired the trial with him, spent six years fighting against a defense that repeatedly claimed they would never make an offer. Crosby’s client was permanently paralyzed on the right side of his face during what should have been the routine removal of a small benign tumor.\u003c\/p\u003e\n\u003cp\u003eTrial Guides asked Crosby if he gained any insights from this case that might help other lawyers. Crosby was kind enough to share some of the story, including some of the problems he ran into and how he and his team were able to overcome them.\u003cspan id=\"more-10560\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003ch5\u003eJoe Crosby on How He Obtained Justice for His Client:\u003c\/h5\u003e\n\u003cp\u003eThe defendants, both board-certified ENTs and Mayo Clinic graduates, cut my client’s facial nerve during a parotidectomy. The doctors were trying to surgically remove a tumor about the size of a thumbnail. The tumor was not cancer and could not be seen, as it was just under the angle of the jawbone.\u003c\/p\u003e\n\u003cp\u003eAfter the surgery, my client’s face was permanently paralyzed. It looked as if the right side had melted and slid down toward his neck. He had three major surgeries to reconstruct his face. Excruciating facial-muscle spasms were another side effect. Only quarterly rounds of twenty to forty Botox shots into the eye, cheek, nose, forehead, lips, and chin helped deaden the constant muscle-spasm pain.\u003c\/p\u003e\n\u003cp\u003eThe right side of my client’s face now looks angry. He cannot make any other expression on that side. This is a huge loss because he and his wife have a severely disabled son with the cognitive level of an eighteen-month-old. Expressions are an important form of communication for them. Now, when the client is driving and his son is in the passenger seat, his son just sees his father’s angry looking face.\u003c\/p\u003e\n\u003cp\u003eWe sued the clinic, not the doctors. Our damages were limited to harms and losses, disfigurement, and emotional distress (he hadn’t lost any work). The defense never made a settlement offer because they said facial-nerve paralysis was a recognized risk of a parotidectomy, and they should get a free pass because my client had signed a consent form.\u003c\/p\u003e\n\u003cp\u003eSeveral Trial Guides products helped me overcome obstacles in the case. One cold Minnesota night I was listening to \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone’s\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade-in-medical-malpractice-cases\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road in Medical Malpractice Cases\u003c\/a\u003e \u003c\/em\u003ewhile out walking in the snow. He was talking about informed consent and how we underestimate its value. My note-taking pen was frozen, but fortunately my brain was not. Informed consent. I knew the defense would shove it down my throat since my client had signed the hospital’s generic consent form.\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman’s\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/stop-your-whining-and-go-to-trial\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eStop Your Whining and Go to Trial\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003ewas what got me over the hump when our case was continued for the third time. It pushed me to keep on seeking what my client deserved. Shortly thereafter, I listened to \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/roger-j-dodd\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRoger Dodd\u003c\/a\u003e and\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e Rick Friedman\u003c\/a\u003e speak with \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/zoe-littlepage\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eZoe Littlepage\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rainey-booth\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRainy Booth\u003c\/a\u003e on the\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-tactics\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eTrial Tactics\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/a\u003eCDs. Their presentation provided pearls of wisdom and inspired me to start thinking outside the box at trial.\u003c\/p\u003e\n\u003cp\u003eWe used the advice from Malone’s\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade-in-medical-malpractice-cases\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eRules of the Road in Medical Malpractice Cases\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eand Friedman’s\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/polarizing-the-case\/\"\u003e\u003cem\u003ePolarizing the Case\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eto spur ourselves to not defend our case, but attack theirs. A lot rode on the consent issue. We didn’t give them a way out other than to say “yes, it was in the best interest of the patient to warn them the surgery had a risk of permanent facial paralysis,” or “yes, an alternative was to just monitor the noncancerous tumor and there would have been no risk.”\u003c\/p\u003e\n\u003cp\u003eIt was important that we had sued the doctors’ clinic, not the hospital. The doctors didn’t have a consent form. The only written mention of consent was a note about having had “discussed risks and benefits.” The first time the actual words “facial paralysis” were written was in the op note after the nerve had been cut—the doctors wrote they had properly informed the patient of the risk of facial paralysis.\u003c\/p\u003e\n\u003cp\u003eEach time the defense brought up the consent form in trial, I’d hammer their witness: “Please show the jury the written information the defendants give to their patients so patients can read about the surgery and its risks when they get home, the information necessary for them to make a truly informed decision about whether or not they want to proceed with surgery.”\u003c\/p\u003e\n\u003cp\u003eThe defendants didn’t have any of this written information though they do hundreds, if not thousands, of parotidectomies per year. Nowhere in the hospital’s consent form was there a single word about permanent facial paralysis, nor was there in any of the doctors’ records.\u003c\/p\u003e\n\u003cp\u003eWe asked defense witnesses, “If the patient chose not to have the surgery, would the thumbnail-sized tumor ever turn to cancer?”\u003c\/p\u003e\n\u003cp\u003e“No.”\u003c\/p\u003e\n\u003cp\u003e“Would it cause paralysis?”\u003c\/p\u003e\n\u003cp\u003e“No.”\u003c\/p\u003e\n\u003cp\u003e“Would it cause twenty-four seven intractable facial-spasm pain requiring a lifetime of Botox injections every three months?”\u003c\/p\u003e\n\u003cp\u003e“No.”\u003c\/p\u003e\n\u003cp\u003e“Would it cause facial deformity and require facial reconstruction?”\u003c\/p\u003e\n\u003cp\u003e“No.”\u003c\/p\u003e\n\u003cp\u003e“Would it leave half his face without the ability to make any expression?”\u003c\/p\u003e\n\u003cp\u003e“No.”\u003c\/p\u003e\n\u003cp\u003eThen we asked, “Don’t you think a patient would want to know that important information?”\u003c\/p\u003e\n\u003cp\u003eThe defense hammered every one of our experts on the fact that facial paralysis is a recognized risk of a parotidectomy. Each time they said “risk” we said “preventable complication.” Each time they brought up the signed consent, we clarified it was the hospital’s boilerplate form—the same form that could be used for appendicitis or a hernia.\u003c\/p\u003e\n\u003cp\u003eWe asked their witnesses to read aloud the actual risks on the hospital’s consent form for a parotidectomy—where did it say permanent facial paralysis? There was no such language. Failure to mention permanent facial paralysis as a risk of the surgery meant they had not met the standard of care—all the experts agreed. Pat Malone’s wisdom helped me turn the impenetrable defense of “he signed the informed consent” right back against the defendants and won us the case.\u003c\/p\u003e\n\u003cp\u003eAs much as Pat Malone helped me win this case, Nick Rowley’s book helped me not lose it. Until I had read\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eTrial by Human\u003c\/em\u003e\u003c\/a\u003e, I hated voir dire. My knees would shake and my mouth would dry out. And in this case, I faced a particularly tough jury. Multiple jurors had family members who were doctors, two were engineers, and all but one was a college graduate. I thought I was dead meat. I had two preemptories, but needed ten. I figured, “what the heck, let’s see if Rowley’s brutal honesty method and ‘getting to know you, getting to know all about you’ approach might work.” I figured it couldn’t be worse than the abysmal method I’d been using.\u003c\/p\u003e\n\u003cp\u003eTo be brutally honest, I am always scared and nervous during voir dire. I don’t like to speak in front of strangers. Unashamedly, I stole Nick Rowley’s opening lines almost verbatim from a voir dire example he shares in\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eTrial by Human\u003c\/em\u003e\u003c\/a\u003e. I got up and told the jury the truth. I went where I never had before and I asked them to help me do my job and to help me find out about them. I asked them to talk and not let silence creep in. I asked them to hold back no punches.\u003c\/p\u003e\n\u003cp\u003eThe atmosphere of the courtroom changed. This was different than the defense’s two hours of talking at them. People became engaged when I said “tell me more” and “how about that.” We laughed, and it was a genuine laugh from my heart, not a ploy to win the jury to my side.\u003c\/p\u003e\n\u003cp\u003eThere was one other time when Nick Rowley’s advice helped. During closing, the defense counsel went on for what seemed a year about how “Mr. Crosby smirked when he cross-examined my client.” The defense counsel had a field day with my insincerity. I’d smirked at one of her clients who I had, according to her, “falsely accused of malpractice.”\u003c\/p\u003e\n\u003cp\u003eAs the defense went on, I passed a post-it to Liz, my paralegal, asking, “What should I say?” She looked at the jury and passed me back the post-it:\u003c\/p\u003e\n\u003cp\u003e“Be brutally honest.”\u003c\/p\u003e\n\u003cp\u003eI felt a weight in my heart. Had my foolish pride ruined my client’s chance for justice after waiting six years? The defense’s closing ended and I approached the jury with head bowed. I thanked the jury for their honesty at the beginning of the trial. Now it was my turn to be brutally honest. I scanned the jury and, voice cracking, told them I owed them all an apology because the defense counsel was right. I had smirked at her client, and a courtroom is no place for that. This was a serious matter that had changed lives. I turned to the judge and apologized to him. I looked at the defense counsel and apologized to her to and each of the two defendants.\u003c\/p\u003e\n\u003cp\u003eIt seemed as if no one moved. A quiet stillness replaced the raucous, loud excuses the defense counsel had been arguing just moments ago. I then had a conversation with some really good people: the jury. I had gotten to know about them a week earlier because I was honest and showed them I was just a plain old Joe asking for their help. If I had taken my usual approach, I wouldn’t have had the trust with the jury that proved so critical to winning this case.\u003c\/p\u003e\n\u003cp\u003eI am just a legal mechanic, but with the help of masters like \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePat Malone\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNick Rowley\u003c\/a\u003e, and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e, I am finally learning how to head down the path to becoming more of an artist and storyteller. In the end, the jury did not find the doctors were negligent in their surgery procedures, but they did find the defendants negligent for not providing proper informed consent. The jury awarded my client a verdict of $1.7 million. After six long years without a single offer from the defense, my client had justice.\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cstrong\u003eClick below and discover how you can apply the methods used by \u003c\/strong\u003e\u003cstrong\u003e\u003cspan\u003eJoe Crosby and \u003c\/span\u003e\u003c\/strong\u003e\u003cstrong\u003e\u003cspan\u003eLiz Fors\u003c\/span\u003e in your next case:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cul\u003e\n\u003cli\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade-in-medical-malpractice-cases\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road in Medical Malpractice Cases\u003c\/a\u003e\u003c\/strong\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003c\/a\u003e\n\u003c\/li\u003e\n\u003cli\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-tactics\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial Tactics \u003c\/a\u003e\u003c\/strong\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/roger-j-dodd\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRoger Dodd\u003c\/a\u003e, Guest Speakers \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/zoe-littlepage\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eZoe Littlepage\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rainey-booth\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRainy Booth\u003c\/a\u003e \u003c\/li\u003e\n\u003cli\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial by Human\u003c\/a\u003e\u003c\/strong\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNick Rowley\u003c\/a\u003e\n\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cmeta charset=\"utf-8\"\u003e\u003cmeta charset=\"utf-8\"\u003e\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e \u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-08-24T15:27:00-04:00","updated_at":"2019-01-14T14:35:26-05:00","summary_html":"","template_suffix":null,"handle":"1-7-million-verdict-on-a-zero-offer-case","tags":"Verdict","image":{"created_at":"2018-10-12T15:27:33-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/1.7MillionVerdict.jpg?v=1539372453"}}},{"id" : 13970047035,"title" : "$15 Million Verdict on a $100K Offer","articleTags" : [{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2016,"articleMonth" : "March","articleURL" : "/blogs/news/15-million-verdict-on-a-100k-offer","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/pillars_955_c930521c-f80c-4dc8-a1a1-39ceab0b5877_1024x1024.jpg?v=1539373069","articleDate" : "March 24, 2016","articleExcerpt" : "Here are the details from Benjamin Cloward: Harvey, my clients’ son and brother, was a kind and loving fifty-one-year-old who was diagnosed with intellectual disabilities. Throughout his life, his loving parents and brother had provided every opportunity possible to give him an independent life. Part of that required them to trust others to watch over and protect Harvey. First Transit is a Nevada transportation company that focuses on disabled people, and claims a world-class safety program. On July 29, 2011, Harvey boarded a First Transit paratransit bus to go to his volunteer job. There were rules that First Transit was...","articleReadMoreText" : "Read more","articleJSON" : {"id":13970047035,"title":"$15 Million Verdict on a $100K Offer","created_at":"2018-10-12T15:37:49-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cstrong\u003eHere are the details from Benjamin Cloward:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cblockquote\u003e\n\u003cp\u003eHarvey, my clients’ son and brother, was a kind and loving fifty-one-year-old who was diagnosed with intellectual disabilities. Throughout his life, his loving parents and brother had provided every opportunity possible to give him an independent life.\u003c\/p\u003e\n\u003cp\u003ePart of that required them to trust others to watch over and protect Harvey. First Transit is a Nevada transportation company that focuses on disabled people, and claims a world-class safety program. On July 29, 2011, Harvey boarded a First Transit paratransit bus to go to his volunteer job. There were rules that First Transit was required to enforce. One of which was to prevent their disabled passengers from eating or drinking on the bus due to the known hazards of choking—and specifically choking to death. First Transit was being paid $230 million dollars by the taxpayers of Nevada to train their drivers to drive the paratransit buses.\u003cspan id=\"more-9027\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eThe First Transit driver of Harvey’s bus not only allowed Harvey to eat on the bus, but actually assisted him in violating the no drinking policy. Only four feet from the driver, in the first seat directly behind him, Harvey began to choke on his sandwich. He reached for the driver for help, unable to speak, and began to slowly slip into unconsciousness just feet from the bus driver. This all took place while the driver stopped to let another passenger off the bus. As the driver got back on the bus he chose not to look left at his sole passenger on the bus who was now slumped completely into the aisle literally choking to death at that very moment.\u003c\/p\u003e\n\u003cp\u003eThe driver violated several more rules, including the First Transit rule to check on his sole passenger every five seconds by simply scanning the interior mirrors—as was required by First Transit. Precious time continued to tick (three more minutes) before the driver finally saw Harvey slumped completely into the aisle.\u003c\/p\u003e\n\u003cp\u003eThe driver pulled over, and because First Transit made the choice to save the eighty-eight dollars it would have cost to train its drivers in basic first aid (eight hours of training for an employee being paid eleven dollars an hour), nothing was done to save Harvey’s life.\u003c\/p\u003e\n\u003cp\u003eNo Heimlich maneuver. No CPR. No basic first aid. Nothing. This is despite the bus company making $230 million on its contract.\u003c\/p\u003e\n\u003cp\u003eInstead, the corporate director of safety actually testified it was “better and safer” to rely on 911 even though on average it takes 8-10 minutes for EMTs or paramedics to respond in congested Las Vegas traffic as it did the day Harvey died. Tragically, First Transit had a policy in their employee manual that taught the Heimlich maneuver, but at trial First Transit claimed that specific page of the policy did not apply in the Las Vegas market because there was “no law that required it.”\u003c\/p\u003e\n\u003cp\u003eAfter Harvey choked to death, First Transit told the family that Harvey did not suffer—despite the onboard bus video of the event that very clearly showed Harvey valiantly fighting for life as he painfully and slowly lost his battle over a five-minute period of time. First Transit refused to turn over a copy of the video, telling the family they needed a court order—which forced them to hire a lawyer.\u003c\/p\u003e\n\u003cp\u003eBefore trial, the best offer made to the family was $50,000 to each of Harvey’s two parents—for a total of $100,000.\u003c\/p\u003e\n\u003cp\u003eAt trial, I conducted voir dire about the issues in the case. To effectively connect with the jurors, I relied heavily on Nick Rowley’s book,\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/trial-by-human\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eTrial by Human\u003c\/em\u003e\u003c\/a\u003e, and his DVD set\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/connecting-with-the-jury\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eConnecting with the Jury\u003c\/em\u003e\u003c\/a\u003e. Nick’s work has been instrumental in the way I conduct voir dire. My co-counsel, Alison Brasier and Charles Allen, helped with jury selection to ensure a fair and impartial jury was empaneled to hear the case.\u003c\/p\u003e\n\u003cp\u003eIn opening, I showed all of the excuses First Transit gave to justify what happened to Harvey. I used the principles in Richard Friedman’s book,\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/polarizing-the-case\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003ePolarizing the Case\u003c\/em\u003e\u003c\/a\u003e, to show how outrageous the excuses being advanced by First Transit really were. Richard Friedman’s\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/moral-core-advocacy\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eMoral Core Advocacy\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eDVD was also very helpful as the family’s attorneys all felt that the cause was very just and we were on “the high ground,” as set out in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eMoral Core Advocacy\u003c\/em\u003e.\u003c\/p\u003e\n\u003cp\u003eFirst Transit hired a doctor who the defense lawyers had worked with for twenty years to try and convince the jury that Harvey did not choke to death, but rather had died from a heart attack. After a blistering cross-examination of this witness by Charles, it became evident that he was nothing more than a hired gun. Charles’s and my cross-examinations were influenced by\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/david-ball-on-damages-3\/\"\u003e\u003cem\u003eDavid Ball on Damages 3\u003c\/em\u003e\u003c\/a\u003e.\u003c\/p\u003e\n\u003cp\u003eOne juror commented to defense counsel after the verdict that it was their “crappy doctor” that doomed them. It was\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/polarizing-the-case\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003ePolarizing the Case\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003ethat helped us demonstrate that to the jury. His opinions were in contradiction with the very clear autopsy report showing that Harvey died from choking. But more importantly, the doctor disrespected the family by using outrageous courtroom theatrics to desperately try to help First Transit win at any and all costs.\u003c\/p\u003e\n\u003cp\u003eCharles also did a phenomenal direct examination of the emergency room physician educator who helped the jury understand just how easy it was to perform the Heimlich maneuver and CPR. I cross-examined the corporate director of safety and showed the many, many significant inconsistencies with her testimony, revealing to the jurors just what lengths the defense would go to avoid being responsible, just like we’d discussed in voir dire.\u003c\/p\u003e\n\u003cp\u003eThe work and preparation Charles and Alison did with the clients was impeccable. By the end of their examinations, the jurors clearly understood how much Harvey meant to his family, and how their trust had been betrayed and violated by First Transit. In closing arguments, I used the jury instructions to educate the jurors on the heightened duty owed by common carriers to passengers, and the even stricter standard when common carriers are dealing with folks with disabilities.\u003c\/p\u003e\n\u003cp\u003eSix very brave jurors saw the truth and had the courage to award monetary justice to the family for the loss of their sweet son and brother. The jury only took thirty minutes to render justice. The jurors awarded $15,000,000 for the loss of Harvey to his parents and brother along with the pain and suffering Harvey endured before he lost his battle to live. The jurors in this case spoke for Harvey and provided his voice.\u003c\/p\u003e\n\u003cp\u003eThe next step is to seek further justice by passing “Harvey’s Law” in Nevada to ensure that this never happens again.\u003c\/p\u003e\n\u003c\/blockquote\u003e\n\u003cp\u003eThe lawyers on this case included:\u003c\/p\u003e\n\u003cp\u003eLead counsel Benjamin Cloward of Cloward Hicks \u0026amp; Brasier and co-counsel Charles Allen of the Charles Allen Law Firm based in Atlanta. Assisting at trial was Alison Brasier of Cloward Hicks \u0026amp; Brasier and Richard Harris of the Richard Harris Law Firm. Seth R. Little of Richard Harris Law Firm and Jonathan Hicks of Cloward Hicks \u0026amp; Brasier also helped during the discovery phase of the case.\u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-03-24T00:00:00-04:00","updated_at":"2019-01-14T14:03:47-05:00","summary_html":"","template_suffix":null,"handle":"15-million-verdict-on-a-100k-offer","tags":"Verdict","image":{"created_at":"2018-10-12T15:37:49-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/pillars_955_c930521c-f80c-4dc8-a1a1-39ceab0b5877.jpg?v=1539373069"}}},{"id" : 13970112571,"title" : "Trial Success Using Nick Rowley’s Trial by Human","articleTags" : [{ "tagHandle" : "nick-rowley", "tag" : "Nick Rowley" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2016,"articleMonth" : "March","articleURL" : "/blogs/news/trial-success-using-nick-rowley-s-trial-by-human","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/news_motorcycle_accident_160309_1024x1024.jpg?v=1539373665","articleDate" : "March 9, 2016","articleExcerpt" : "With so few lawyers going to trial, Trial Guides likes to feature stories about lawyers who get great outcomes for their clients by turning down unreasonable offers and going to trial. We often post stories about our authors’ large verdicts, but it’s also great to hear how lawyers achieved hard-fought victories in more common cases—particularly those with low offers and substantial chances of losing. Today, we wanted to focus on a case involving Rod Ritner and Dominic Pechota, partners at Nick Rowley’s firm in Iowa, Trial Lawyers for Justice. The case involved an underinsured motorist claim where the client’s insurer gave a $15,000...","articleReadMoreText" : "Read more","articleJSON" : {"id":13970112571,"title":"Trial Success Using Nick Rowley’s Trial by Human","created_at":"2018-10-12T15:47:45-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eWith so few lawyers going to trial, Trial Guides likes to feature stories about lawyers who get great outcomes for their clients by turning down unreasonable offers and going to trial. We often post stories about our authors’ large verdicts, but it’s also great to hear how lawyers achieved hard-fought victories in more common cases—particularly those with low offers and substantial chances of losing.\u003cspan id=\"more-8970\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eToday, we wanted to focus on a case involving Rod Ritner and Dominic Pechota, partners at\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/authors\/nicholas-rowley\/\"\u003eNick Rowley’s\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003efirm in Iowa,\u003cspan\u003e \u003c\/span\u003e\u003ca class=\"jump\" href=\"http:\/\/www.tl4j.com\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial Lawyers for Justice\u003c\/a\u003e. The case involved an underinsured motorist claim where the client’s insurer gave a $15,000 offer on a $100,000 policy in a conservative county. Rather than push their client to accept a low offer, the team took the case to trial using Rowley’s method in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/trial-by-human\/\"\u003eTrial by Human\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand obtained a $1,188,735 jury verdict—a new record in the county.\u003c\/p\u003e\n\u003cp\u003eWe like to understand what is working for lawyers both in settlements and in trials, so we asked Rod and Dominic to share a few thoughts on how their team obtained this substantial, record-setting verdict for their client.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eRod Ritner and Dominic Pechota on how their team obtained a record-setting verdict for their client:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cblockquote\u003e\n\u003cp\u003eIowa is an insurance company state. Several insurance companies have headquarters there and the industry lobbies the state legislature heavily. Consequently, Iowa laws favor insurers at every step and make it nearly impossible for their insured to get a fair outcome.\u003c\/p\u003e\n\u003cp\u003eInsurance defense attorneys have openly admitted that insurers in Iowa won’t settle cases unless they get a discount, regardless of the facts. This is because the insurance companies in Iowa see no risk in taking even an indefensible case to trial. They never seriously consider first party bad faith, and the companies never have to pay any attorney’s fees, significant costs, or interest for delaying payments to their policy-holders. On the other hand, by delaying payment as long as they can, the insurers continue to earn interest on money that rightfully belongs to their insured and they frequently coerce their policy-holders into accepting far less than what is rightfully due to them as compensation for their losses.\u003c\/p\u003e\n\u003cp\u003eUnfortunately, the economics of the situation forces far too many plaintiff’s attorneys to have to recommend settling even the most egregious cases for less than policy limits. As we all know, the costs of going to trial all too often make it a bad business decision to take many cases to trial. Even with a winning case, both the attorney and the client can end up losing money. Our recent trial was a perfect example. However, sometimes we just have to try cases in the hopes of making the insurance companies start to keep the promises they made when they were collecting premiums.\u003c\/p\u003e\n\u003cp\u003eOur jury heard how our client had your typical motorcycle liability policy with Farm Bureau, supposedly one of Iowa’s “better” insurance companies. His policy included $100,000 in uninsured\/underinsured coverage, although the jury was not allowed to know the amount of coverage.\u003c\/p\u003e\n\u003cp\u003eWhen the client was riding his motorcycle northbound on a small street, he turned left at an uncontrolled intersection. He was being followed by a driver, who saw him riding all the way until he was “well into his turn,” had completely crossed the center-line, and was going across the opposing traffic’s lane. Unfortunately, that driver then looked away so she did not see the actual collision.\u003c\/p\u003e\n\u003cp\u003eOur client was struck hard on the right side of his motorcycle, sending him out of control and into a stop sign. He was thrown from his motorcycle and knocked unconscious. He does not remember seeing a car strike him—whether this is due to amnesia or because he got blind-sided remains unclear.\u003c\/p\u003e\n\u003cp\u003eThe defendant said she was traveling southbound when she saw our client drive very fast and cut across her, trying to “beat her” through the intersection. She claimed that he was going too fast for her to stop or avoid the collision. She was the only witness to the actual collision.\u003c\/p\u003e\n\u003cp\u003eIt was her testimony that Farm Bureau stuck to, denying our client’s claim and arguing that our client was at least 51 percent at fault. This is important, because Iowa is a modified contributory fault state and our client wouldn’t be entitled to any recovery so long as he was more than 50 percent at fault for the collision. However, the defendant told at least a couple versions of her story at different times as she was confronted with facts that proved her prior versions false. Yet this did not dissuade Farm Bureau one iota from continuing to deny our client the benefits for which he had paid.\u003c\/p\u003e\n\u003cp\u003eOur client spent thirty-four days in the hospital. After discharge, he only saw doctors three or four times. This was because he didn’t have health insurance or the money to pay for the future care the doctors had laid out for him. He also didn’t take any pain medication other than Advil, mostly because he’s one tough son of a gun. He still rides a motorcycle, plays the guitar, paints, and cuts hair. But he can’t lift weights anymore, or even do sit-ups, because it hurts and he sometimes gets nosebleeds when he strains. Although he’s back to doing almost all the same things he did before the collision, they are less enjoyable and harder to do.\u003c\/p\u003e\n\u003cp\u003eThe toughest part of trying this case was the fact that our chief of police, a very nice guy, did the initial accident investigation and felt that the collision was our client’s fault. Farm Bureau hung their hat on his opinion from beginning to end. They also claim his opinion is what “proves” they didn’t commit bad faith, regardless of the actual facts. He was obviously going to be a very important witness at trial and one we had to try and figure out a way for the jury to still trust and like, while also feeling empowered to disagree with him. Fortunately we were successful; the jury found the defendant 100 percent at fault for the collision.\u003c\/p\u003e\n\u003cp\u003eThe way we handled the chief of police started in voir dire. We asked all the potential jurors if they would be comfortable making the decision as to who was at fault for a collision none of them saw, and where there were many “snippets” of information they would have to put together. We had a very nice long conversation about the subject and we got every juror involved. Basically, all the jurors concluded with some version of the fact that they would be willing to make a decision, but that they’d want as much information as possible given to them before they would make their decision. We then made the point repeatedly in trial with each witness, including the police chief, that each witness only gave the jury some of the “snippets” and that they were the ones in the best position to determine what made the most sense. We stressed that the beauty and strength of the jury system is that the collective intelligence of a group of concerned people is far more accurate and trustworthy than the opinion of any one person, regardless of who that person might be, including a judge or a police chief.\u003c\/p\u003e\n\u003cp\u003eThe jury obviously felt empowered to do the right thing and our client was vindicated. The jury gave him the $188,000 in medical bills we presented; $700,000 for past physical pain, suffering, and loss of full function of his body; and $300,000 in past mental pain, suffering, and loss of enjoyment of life. Although our client only got his $100,000 policy limit, he won. He now knows his fellow citizens don’t blame him for the accident and his insurer finally had to pay the full policy limit for which he’d paid his premiums.\u003c\/p\u003e\n\u003cp\u003eNick Rowley’s book,\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/trial-by-human\/\"\u003eTrial by Human\u003c\/a\u003e\u003c\/em\u003e, provided us with the way to obtain this great outcome. The focus of our trial used the method throughout, starting in voir dire when the jurors talked about their own experiences with motorcycles, to their role as ultimate arbiters for discovering the truth, to empowering them as a single collective intelligence to use their common sense, through the witnesses (members of their own community), and by finally leaving it up to them to determine both the method and value of what was taken from our client (who we showed was a simple man with simple desires). It was all about making it just people caring about their neighbor.\u003c\/p\u003e\n\u003cp\u003eFirst party bad faith technically exists in Iowa, but is so incredibly limited that insurance companies place no value on the risk of it occurring. That’s why we’re going to try and show them they need to change their attitude: that the risk is real and it is in their interest to look at the facts in good faith. We need to do something to help Iowa’s policyholders to get what they’ve paid for: money in their time of need and peace of mind—rather than having their own insurance company just make a bad situation worse.\u003c\/p\u003e\n\u003c\/blockquote\u003e\n\u003cp\u003e\u003cstrong\u003eClick below and discover how you can apply the Trial by Human method in your next case today:\u003c\/strong\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Trial_By_Human_large.jpg?v=1539976065\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial By Human\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNicholas Rowley\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/steven-halteman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSteven Halteman\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $105.00\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003c\/div\u003e\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-03-09T00:00:00-05:00","updated_at":"2019-01-22T20:33:35-05:00","summary_html":"","template_suffix":null,"handle":"trial-success-using-nick-rowley-s-trial-by-human","tags":"Nick Rowley, Verdict","image":{"created_at":"2018-10-12T15:47:45-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/news_motorcycle_accident_160309.jpg?v=1539373665"}}},{"id" : 13970210875,"title" : "Rick Friedman Obtains $7.2 Million Verdict","articleTags" : [{ "tagHandle" : "rick-friedman", "tag" : "Rick Friedman" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2016,"articleMonth" : "March","articleURL" : "/blogs/news/rick-friedman-obtains-7-2-million-verdict","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/news_coal_mining_160302_1024x1024.jpg?v=1539373866","articleDate" : "March 2, 2016","articleExcerpt" : "Last week, Trial Guides author Rick Friedman obtained a $7.2 million verdict in Kentucky. This is believed to be the first coal-dust respirator case to go to trial in the country. James Couch filed suit against the manufacturer, Mine Safety Appliances, after being diagnosed with black lung. Officials say several entities (including OSHA) called for the ban of these coal masks in the 1970’s, but Mine Safety Appliances continued to sell them. The plaintiff wore the masks for fifteen years, unaware that they were not correctly filtering the air he was breathing. During trial, Rick used his Rules of the Road...","articleReadMoreText" : "Read more","articleJSON" : {"id":13970210875,"title":"Rick Friedman Obtains $7.2 Million Verdict","created_at":"2018-10-12T15:51:06-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eLast week, Trial Guides author \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e obtained a $7.2 million verdict in Kentucky. This is believed to be the first coal-dust respirator case to go to trial in the country. James Couch filed suit against the manufacturer, Mine Safety Appliances, after being diagnosed with black lung.\u003cspan id=\"more-8947\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eOfficials say several entities (including OSHA) called for the ban of these coal masks in the 1970’s, but Mine Safety Appliances continued to sell them. The plaintiff wore the masks for fifteen years, unaware that they were not correctly filtering the air he was breathing.\u003c\/p\u003e\n\u003cp\u003eDuring trial, Rick used his \u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road\u003c\/a\u003e method to create a set of rules and principles that the company should have upheld. The \u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road\u003c\/a\u003e method is used to create a set of standards for litigation cases where there are not specific statutes governing the conduct of the defendant.\u003c\/p\u003e\n\u003cp\u003eBelow are the \u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road\u003c\/a\u003e Rick used to win his case:\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003ePrinciples\u003c\/strong\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eThe primary concern of a respirator manufacturer should be the safety of the respirator user.\u003c\/li\u003e\n\u003cli\u003eWhen the air is safe to breathe, the miners don’t need respirators.\u003c\/li\u003e\n\u003cli\u003eThe user’s life may depend on whether or not the respirator is working effectively.\u003c\/li\u003e\n\u003cli\u003eA responsible manufacturer keeps up with literature and knowledge in the field.\u003c\/li\u003e\n\u003cli\u003eGovernment permission is not a substitute for the manufacturer acting safely.\u003c\/li\u003e\n\u003cli\u003eSmaller particles penetrate filters more readily than larger particles.\u003c\/li\u003e\n\u003cli\u003eSmaller coal particles are more dangerous to a miner’s health than larger particles.\u003c\/li\u003e\n\u003cli\u003eA poorly fitting respirator provides little to no protection.\u003c\/li\u003e\n\u003cli\u003eElectrostatic charges discharge over time.\u003c\/li\u003e\n\u003cli\u003eFactors causing electrostatic discharge:\n\u003cul\u003e\n\u003cli\u003eHumidity\u003c\/li\u003e\n\u003cli\u003eHigh temperature\u003c\/li\u003e\n\u003cli\u003eSub-micron size particles\u003c\/li\u003e\n\u003cli\u003eOil mists\u003c\/li\u003e\n\u003cli\u003eLiquid aerosols\u003c\/li\u003e\n\u003cli\u003eCoal Dust\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003c\/li\u003e\n\u003cli\u003eRespirators using HEPA filters capture over 99.97% of all particulate matter including down to 3\/10ths of a micron.\u003c\/li\u003e\n\u003cli\u003eTo be safely used, a respirator must be fit-tested and fit-checked.\u003c\/li\u003e\n\u003cli\u003eThe government did a poor job of protecting workers.\u003c\/li\u003e\n\u003cli\u003eA respirator can be defective for use in coal mines, even if the government approved it.\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cp\u003e\u003cstrong\u003eRules\u003c\/strong\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eBefore marketing a product for a particular use, the manufacturer should test its safety under real-world conditions.\u003c\/li\u003e\n\u003cli\u003eA respirator should not be sold if it cannot be fit-tested.\u003c\/li\u003e\n\u003cli\u003eA respirator should not be sold if it cannot be easily fit-checked.\u003c\/li\u003e\n\u003cli\u003eA respirator manufacturing company should promptly inform users about the safety risks of its products that it learns about.\u003c\/li\u003e\n\u003cli\u003eA company should not sell a respirator as providing protection against black lung when the respirator does not provide protection against black lung.\u003c\/li\u003e\n\u003cli\u003eEven if the government allows an unsafe practice, a respirator manufacturer should not engage in that unsafe practice.\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eCheck out these great products to learn more about creating effective Rules of the Road to successfully obtain better outcomes for your clients:\u003c\/strong\u003e\u003c\/p\u003e\u003cbr\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/RoR_large.jpg?v=1539975434\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003eHardcover $125.00\u003c\/div\u003e\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-03-02T15:51:00-05:00","updated_at":"2019-01-22T20:34:46-05:00","summary_html":"","template_suffix":null,"handle":"rick-friedman-obtains-7-2-million-verdict","tags":"Rick Friedman, Verdict","image":{"created_at":"2018-10-12T15:51:06-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/news_coal_mining_160302.jpg?v=1539373866"}}},{"id" : 13969489979,"title" : "$6.4 Million Verdict Against Tobacco Company","articleTags" : [{ "tagHandle" : "keith-mitnik", "tag" : "Keith Mitnik" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2016,"articleMonth" : "March","articleURL" : "/blogs/news/6-4-million-verdict-against-tobacco-company","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/dont_eat_bruises_1024x1024.jpg?v=1539370431","articleDate" : "March 1, 2016","articleExcerpt" : "Keith Mitnik, senior trial counsel at Morgan &amp; Morgan and author of Don’t Eat the Bruises, recently obtained a $6.4 million verdict against R.J. Reynolds on behalf of the family of a Florida man who died in 2010 from emphysema. Mitnik argued that Reynolds had profited from his deceased client’s addiction and was at fault for the nicotine dependency that led to his client’s untimely death. “Nothing that happened from this time period we’re talking about, and happened to [my client], happened by accident,” Mitnik asserted in court. “It was engineered for at the highest level. It was studied at the highest level....","articleReadMoreText" : "Read more","articleJSON" : {"id":13969489979,"title":"$6.4 Million Verdict Against Tobacco Company","created_at":"2018-10-12T14:53:51-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e, senior trial counsel at Morgan \u0026amp; Morgan and author of\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/dont-eat-the-bruises\/\"\u003e\u003cem\u003eDon’t Eat the Bruises\u003c\/em\u003e\u003c\/a\u003e, recently obtained a $6.4 million verdict against R.J. Reynolds on behalf of the family of a Florida man who died in 2010 from emphysema. Mitnik argued that Reynolds had profited from his deceased client’s addiction and was at fault for the nicotine dependency that led to his client’s untimely death.\u003c\/p\u003e\n\u003cp\u003e“Nothing that happened from this time period we’re talking about, and happened to [my client], happened by accident,” Mitnik asserted in court. “It was engineered for at the highest level. It was studied at the highest level. It was marketed at extraordinary dollars and design. The deceit, web of deceit, was massive and well-funded and extraordinarily planned and brilliantly, according to them, executed. [My client] was not some rogue smoker. He is precisely what it’s always about for them—someone who would smoke. All. Day. Long. Because that’s where the money comes from.”\u003c\/p\u003e\n\u003cp\u003eAfter the trial, Mitnik shared his thoughts with us regarding the case, and what he felt helped him find justice for his clients:\u003c\/p\u003e\n\u003cp\u003e“Tobacco trials are the ultimate testing ground for the strategies in my book. Picking a jury in one of those cases feels like facing an angry mob with pitchforks and torches. We ran through 200 jurors to seat six, plus alternates. Then, we faced the slew of bruises this massive litigation defense machine created—trying to make it all about our client’s choices. We were able to cut them out in one fell swoop during opening.\u003c\/p\u003e\n\u003cp\u003e“In spite of all the industry’s might, we were winning at the beginning. The damage models worked to the tune of $6.4 million for pure noneconomic damages where the spouse died six years earlier and the surviving wife could not testify due to Alzheimer’s. These systems simply work.”\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Dont_Eat_the_Brusies_large.jpg?v=1539974360\" alt=\"\"\u003e\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/dont-eat-the-bruises\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eDon’t Eat the Bruises\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/keith-mitnik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $125.00\u003cstrong\u003e\u003cbr\u003e\u003c\/strong\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/keith-mitnik-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Keith_Mitnik_Package_f299a0f1-ba5a-4fd3-8c89-a94dd2de7049_large.jpg?v=1539979803\" alt=\"\"\u003e\u003c\/a\u003e\u003cstrong\u003e \u003c\/strong\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/keith-mitnik-package\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eKeith Mitnik Package\u003c\/a\u003e\u003c\/strong\u003e \u003cspan\u003e \u003c\/span\u003e\u003cbr\u003eRegular Price: $315.00 Discount: $283.50\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2016-03-01T00:00:00-05:00","updated_at":"2019-04-17T19:45:16-04:00","summary_html":"","template_suffix":null,"handle":"6-4-million-verdict-against-tobacco-company","tags":"Keith Mitnik, Verdict","image":{"created_at":"2018-10-12T14:53:51-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/dont_eat_bruises.jpg?v=1539370431"}}},{"id" : 13970374715,"title" : "Win Cases by Finding the CORE TRUTH","articleTags" : [{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2015,"articleMonth" : "September","articleURL" : "/blogs/news/win-cases-by-finding-the-core-truth","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/news_smooth_stones_zen_150914_1024x1024.jpg?v=1539375555","articleDate" : "September 15, 2015","articleExcerpt" : "By Michael Leizerman After identifying the strongest defense arguments in a case and slashing away issues that are not necessary to win the case, I look for the Core Truth. This is the issue that I stress in opening and return to in each direct and cross examination, along with closing argument. I look to reduce the issues in the plaintiff’s case to as few as possible to reduce the jury’s and judge’s resistance to persuasion. The more you try to persuade, the more resistance you will encounter. This is so counter-intuitive that it can be difficult for lawyers to understand. You...","articleReadMoreText" : "Read more","articleJSON" : {"id":13970374715,"title":"Win Cases by Finding the CORE TRUTH","created_at":"2018-10-12T16:19:15-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cstrong\u003eBy\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/authors\/michael-leizerman\/\" class=\"dark\"\u003eMichael Leizerman\u003c\/a\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eAfter identifying the strongest defense arguments in a case and slashing away issues that are not necessary to win the case, I look for the Core Truth. This is the issue that I stress in opening and return to in each direct and cross examination, along with closing argument. I look to reduce the issues in the plaintiff’s case to as few as possible to reduce the jury’s and judge’s resistance to persuasion.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eThe more you try to persuade, the more resistance you will encounter.\u003c\/strong\u003e\u003cspan\u003e \u003c\/span\u003eThis is so counter-intuitive that it can be difficult for lawyers to understand.\u003c\/p\u003e\n\u003cp\u003eYou can read more and download the full article\u003cspan\u003e \u003c\/span\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/Win_Cases_by_Finding_the_Core_Truth.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ehere\u003c\/a\u003e.\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eFind more in Michael's Book, \u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Zen Lawyer\u003c\/a\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cstrong\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Zen_Lawyer_large.jpg?v=1539975990\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/strong\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/the-zen-lawyer\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eThe Zen Lawyer\u003c\/a\u003e\u003cbr\u003e\u003c\/strong\u003eWinning with Mindfulness\u003cbr\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/michael-leizerman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eMichael Leizerman\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/jay-rinsen-weik\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eJay Rinsen Weik \u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $127.00\u003c\/div\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cspan\u003e\u003c\/span\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-09-15T16:19:00-04:00","updated_at":"2019-01-22T18:01:20-05:00","summary_html":"","template_suffix":null,"handle":"win-cases-by-finding-the-core-truth","tags":"Michael Leizerman","image":{"created_at":"2018-10-12T16:19:15-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/news_smooth_stones_zen_150914.jpg?v=1539375555"}}},{"id" : 13970440251,"title" : "$40 Million Verdict for Nick Rowley and Team","articleTags" : [{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2015,"articleMonth" : "August","articleURL" : "/blogs/news/40-million-verdict-for-nick-rowley-and-team","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/40MillionVerdict_1024x1024.jpg?v=1539375924","articleDate" : "August 12, 2015","articleExcerpt" : "Trial Guides author Nick Rowley, along with lawyers Keith Bruno, Angela Bruno, Steve King, and Trial Guides coauthor Steve Halteman (trial consultant) obtained a record $40 million verdict. The $40 million verdict was in noneconomic damages for the death of thirty-three-year old Orlando Jordan. His parents were the plaintiffs. The case involved the stabbing and killing of Mr. Jordan by an underage drinker. Rey and Carmen Jordan sued TGI Fridays and the Riverside restaurant’s operator, New Jersey-based Briad Group, arguing that the employees there knowingly served alcohol to intoxicated minors, including one of their son’s attackers. Rowley represented the decedent’s mother, with Keith...","articleReadMoreText" : "Read more","articleJSON" : {"id":13970440251,"title":"$40 Million Verdict for Nick Rowley and Team","created_at":"2018-10-12T16:25:24-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eTrial Guides author\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/authors\/nicholas-rowley\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNick Rowley\u003c\/a\u003e, along with lawyers Keith Bruno, Angela Bruno, Steve King, and Trial Guides coauthor\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/authors\/steven-halteman\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSteve Halteman\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e(trial consultant) obtained a record $40 million verdict.\u003c\/p\u003e\n\u003cp\u003eThe $40 million verdict was in noneconomic damages for the death of thirty-three-year old Orlando Jordan. His parents were the plaintiffs.\u003c\/p\u003e\n\u003cp\u003eThe case involved the stabbing and killing of Mr. Jordan by an underage drinker. Rey and Carmen Jordan sued TGI Fridays and the Riverside restaurant’s operator, New Jersey-based Briad Group, arguing that the employees there knowingly served alcohol to intoxicated minors, including one of their son’s attackers.\u003cspan id=\"more-7572\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eRowley represented the decedent’s mother, with Keith Bruno representing the decedent’s father. Angela Bruno co-tried the case for the father and handled his direct examination and multiple issues throughout trial. Patrick Logan handled the visuals and Steven Halteman worked as a jury consultant and trial strategist. Attorney Steve King played an important part by trying the entire case representing a cross-defendant.\u003c\/p\u003e\n\u003cp\u003eCalifornia law gives legal immunity to bars and restaurants that serve minors, except when they’re obviously drunk. “We were able to prove that the minor was already obviously intoxicated at the time they served him,” Rowley said, adding that the minor ordered the equivalent of twelve servings of alcohol in thirty minutes.\u003c\/p\u003e\n\u003cp\u003eThe family’s allegations were supported by TGI Friday’s head bartender who testified that Briad Group, which operates sixty-eight of the restaurants across twenty-six states, made a deliberate decision to not card minors in order to increase profits on Fridays and Saturdays.\u003c\/p\u003e\n\u003cp\u003eAfter the verdict, most of the jurors stayed to speak with the counsel for Rey Jordan, Keith Bruno. “Each juror expressed that they felt they had done something good—that they could be proud of. They were appalled by what was going on at the TGI Fridays and they wanted their verdict to reflect the value of human life in Riverside County,” stated Bruno.\u003c\/p\u003e\n\u003cp\u003eThe outcome was even more surprising given the challenges faced by the plaintiffs. The judge granted nonsuit of the entire case except for the question as to whether, at the time of the stabbing, the minor was obviously intoxicated at the time he was served alcohol. The judge excluded all security issues and granted nonsuit for the negligent hiring, negligent security, and general negligence. The judge only allowed one lawyer to ask questions of each witness. The plaintiffs tried the case with no expert witnesses. It was tried in department six of the central Riverside Superior Court. The trial was six weeks long.\u003c\/p\u003e\n\u003cp\u003eCarmen Jordan was represented at trial by Trial Guides author Nick Rowley of Carpenter, Zuckerman \u0026amp; Rowley, LLP. Rey Jordan was represented by husband and wife team Keith and Angela Bruno of\u003cspan\u003e \u003c\/span\u003e\u003ca class=\"jump\" href=\"http:\/\/www.keithbrunolaw.com\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eBruno|Nalu\u003c\/a\u003e. Their trial consultant was Trial Guides author Steve Halteman.\u003c\/p\u003e\n\u003cp\u003eYou can find more about the case at:\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eJordan, et al. v. TGI Fridays, et al\u003c\/em\u003e., Riverside Superior Court, Case No. RIC 1100955.\u003c\/p\u003e\n\u003cp\u003eLearn more about how to apply these winning trial tactics to your case by reading the bestselling book,\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eTrial by Human\u003c\/em\u003e\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNicholas Rowley\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/steven-halteman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSteven Halteman\u003c\/a\u003e.\u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-08-12T16:24:00-04:00","updated_at":"2019-01-14T13:15:32-05:00","summary_html":"","template_suffix":null,"handle":"40-million-verdict-for-nick-rowley-and-team","tags":"","image":{"created_at":"2018-10-12T16:25:24-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/40MillionVerdict.jpg?v=1539375924"}}},{"id" : 13970997307,"title" : "Ken Levinson Reviews: On Becoming a Trial Lawyer by Rick Friedman","articleTags" : [{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2015,"articleMonth" : "July","articleURL" : "/blogs/news/ken-levinson-reviews-on-becoming-a-trial-lawyer-by-rick-friedman","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Levinson_1024x1024.jpg?v=1539379318","articleDate" : "July 15, 2015","articleExcerpt" : "“There are a plethora of books and resources to improve your technical skills. But among the countless tomes and guides on shelves these days, Rick Friedman’s On Becoming a Trial Lawyer provides a decidedly fresh perspective on the mechanics and traits necessary to become an effective trial lawyer. Perhaps the fact that Friedman admits he isn’t a “naturally” gifted trial lawyer helps us to feel this way. It’s this encouraging sense of honesty that gives him credibility; a candid approach for the newly minted — even veteran — attorneys who might feel discouraged by recent shortcomings. His insights are often an invigorating reminder...","articleReadMoreText" : "Read more","articleJSON" : {"id":13970997307,"title":"Ken Levinson Reviews: On Becoming a Trial Lawyer by Rick Friedman","created_at":"2018-10-12T17:21:58-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e“There are a plethora of books and resources to improve your technical skills. But among the countless tomes and guides on shelves these days,\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/authors\/rick-friedman\/\"\u003eRick Friedman’s\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/becoming-a-trial-lawyer-2nd\/\"\u003eOn Becoming a Trial Lawyer\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eprovides a decidedly fresh perspective on the mechanics and traits necessary to become an effective trial lawyer.\u003cspan id=\"more-7346\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003ePerhaps the fact that Friedman admits he isn’t a “naturally” gifted trial lawyer helps us to feel this way. It’s this encouraging sense of honesty that gives him credibility; a candid approach for the newly minted — even veteran — attorneys who might feel discouraged by recent shortcomings. His insights are often an invigorating reminder of why lawyers fight so hard for their clients. By book’s end, your instinct is to put his ideas into action.\u003c\/p\u003e\n\u003cp\u003eDivided into three sections,\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/becoming-a-trial-lawyer-2nd\/\"\u003eOn Becoming a Trial Lawyer\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eoffers step-by-step analyses, tutorials, and anecdotes that provide helpful insight into our chosen profession. He doles out practical advice: watch trials, volunteer, try cases despite monetary incentives to settle, and bring in co-counsel. He dispels all-too-common myths: trial lawyers are born, not made; it’s too late to start learning; and the most well-suited trial lawyers never fall on hard times. As much as it is a book about self-improvement, Friedman’s book is also about self-motivation.\u003c\/p\u003e\n\u003cp\u003eMore to the point, Friedman’s work is largely intended for self-reflection, making note of the fact that technique is important, but that a trial lawyer must be willing to give him or herself to the jury to be vulnerable.”\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003eYou can download the full review\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/cdn.trialguides.com\/resources\/free-content\/frie-free-content\/FriedmanReview.pdf\"\u003ehere\u003c\/a\u003e.\u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-07-15T17:21:00-04:00","updated_at":"2018-10-12T17:21:58-04:00","summary_html":"","template_suffix":null,"handle":"ken-levinson-reviews-on-becoming-a-trial-lawyer-by-rick-friedman","tags":"","image":{"created_at":"2018-10-12T17:21:58-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Levinson.jpg?v=1539379318"}}},{"id" : 13971062843,"title" : "Trial Guides Customer Wins $32.5M Verdict using Rules of the Road","articleTags" : [{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2015,"articleMonth" : "June","articleURL" : "/blogs/news/trial-guides-customer-wins-32-5m-verdict-using-rules-of-the-road","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/TGCustomer_1024x1024.jpg?v=1539379695","articleDate" : "June 1, 2015","articleExcerpt" : "Mr. Friedman, I once wrote you about the successes my brother and I have enjoyed using the information we learned in Rules of the Road and Polarizing the Case. Well, on Wednesday the Rules prevailed again—this time for $32.5 million. To begin with, my co-counsel initially had the case and took it to trial; but it resulted in a mistrial, which the defense had requested. The defendant’s final offer before the mistrial was $100,000. I enjoy pondering about how much the defense regrets the decision to move for a mistrial, because upon having the mistrial granted our soon to be co-counsel drove to...","articleReadMoreText" : "Read more","articleJSON" : {"id":13971062843,"title":"Trial Guides Customer Wins $32.5M Verdict using Rules of the Road","created_at":"2018-10-12T17:28:15-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eMr. Friedman,\u003c\/p\u003e\n\u003cp\u003eI once wrote you about the successes my brother and I have enjoyed using the information we learned in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/rules-of-the-road\/\"\u003eRules of the Road\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/polarizing-the-case\/\"\u003ePolarizing the Case\u003c\/a\u003e\u003c\/em\u003e. Well, on Wednesday the Rules prevailed again—this time for $32.5 million.\u003c\/p\u003e\n\u003cp\u003eTo begin with, my co-counsel initially had the case and took it to trial; but it resulted in a mistrial, which the defense had requested. The defendant’s final offer before the mistrial was $100,000. I enjoy pondering about how much the defense regrets the decision to move for a mistrial, because upon having the mistrial granted our soon to be co-counsel drove to our office and asked for our help. I took it upon myself to go through every page of documentation he had accumulated and apply the Rules technique to the case. What resulted was an entirely different way of presenting the case.\u003cspan id=\"more-7170\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eI then took the 30(B)(6) deposition of J.B. Hunt’s corporate representative and locked him into the Rules, all of which he agreed with. The panic on the defense lawyer’s face as his witness continued to agree with the Rules was comical. The defense lawyer knew what was happening was bad, but as you know, there is really no way to deal with good Rules. You either agree or look foolish disagreeing. Following the deposition, J.B. Hunt offered $3 million, which we rejected. The week before trial they offered $5 million, which we rejected. I think that shows the power of the Rules more than anything. This was a case that had been fully litigated all the way up to a trial and they offered $100,000. Then I applied the Rules technique and took one deposition and they offered $5 million.\u003c\/p\u003e\n\u003cp\u003eAfter a three week trial the jury returned a verdict of $32.5 million. I thought you’d enjoy hearing about a successful plaintiff’s verdict and wanted to again pass along my thanks for sharing your wisdom with all of us. It is truly incredible how your books have taken what seems to be a very difficult and confusing profession and made it so clear. Thank you again.\u003c\/p\u003e\n\u003cp\u003eSincerely yours,\u003c\/p\u003e\n\u003cp\u003eAttorneys Todd S. Schafer and Timothy Schafer, II\u003cbr\u003e\u003ca class=\"jump\" href=\"http:\/\/www.schaferandschaferlaw.com\/\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSchafer \u0026amp; Schafer, Attorneys at Law\u003c\/a\u003e\u003cbr\u003eMerrillville, IN\u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-06-01T17:27:00-04:00","updated_at":"2018-10-12T17:28:15-04:00","summary_html":"","template_suffix":null,"handle":"trial-guides-customer-wins-32-5m-verdict-using-rules-of-the-road","tags":"","image":{"created_at":"2018-10-12T17:28:15-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/TGCustomer.jpg?v=1539379695"}}},{"id" : 13971423291,"title" : "Forget About Your Case and Start Telling a Story","articleTags" : [{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2015,"articleMonth" : "May","articleURL" : "/blogs/news/forget-about-your-case-and-start-telling-a-story","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/Froget_1024x1024.jpg?v=1539385382","articleDate" : "May 27, 2015","articleExcerpt" : "The only way to harness the minds and hearts of your jurors is to forget about your case and start telling a story. Threading a storyline into the entire courtroom drama and empowering your jurors to become heroes will awaken each jurors’ desire to be the hero and motivate them to action. Through this change in perspective, you will find yourself becoming the mentor, your client assuming the role of the story’s victim, and your jurors, inspired to action, taking the most powerful role of all. So, what makes a case a story? Stories have a distinctive point of view. You...","articleReadMoreText" : "Read more","articleJSON" : {"id":13971423291,"title":"Forget About Your Case and Start Telling a Story","created_at":"2018-10-12T19:03:02-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003eThe only way to harness the minds and hearts of your jurors is to forget about your case and start telling a story. Threading a storyline into the entire courtroom drama and empowering your jurors to become heroes will awaken each jurors’ desire to be the hero and motivate them to action. Through this change in perspective, you will find yourself becoming the mentor, your client assuming the role of the story’s victim, and your jurors, inspired to action, taking the most powerful role of all.\u003cspan id=\"more-7137\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eSo, what makes a case a story?\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eStories have a distinctive point of view.\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eYou can tell a story from multiple points of view. As the jury’s mentor, you need to decide whose viewpoint you will show. It could be that of a frightened mother, laboring with a baby who is not getting enough oxygen; her husband, as he stands helplessly by in the delivery room; a nurse’s aide, who is as helpless as the father; or the distressed baby. It could even be from the point of view of an inanimate object.\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eStories have a precise location (scene).\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eStories must have a place. They don’t occur in the abstract. What place brings your story alive? How are you going to show these places to the jury? Instead of telling them about the place, wouldn’t it be so much more powerful were you to re-create the scene in the courtroom? Does that sound crazy? It’s not. It works.\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eStories have a logical sequence.\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eHow do you want to sequence your story? Any given portion must move forward in sequence, but that does not mean you have to start at the earliest event and move inexorably forward. You can start at the beginning, but you can also begin your story at the end, or in the middle, or with a flashback. In particular, stories almost always follow the following sequence of events:\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eOnce upon a time\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eAnd every day\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eUntil one day\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eAnd as a result of that\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eAnd as a result of that\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eAnd as a result of that\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eUntil, finally\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003e\u003cem\u003eAnd ever since then\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e. . .\u003c\/p\u003e\n\u003cp\u003eThis format — evident in all kinds of stories, from Homer to Harry Potter — sets the tone of your case. It also creates the critical subtext from which your jurors’ heroic instincts will develop.\u003c\/p\u003e\n\u003cp\u003eWhy should jurors care? Because you have anchored your case to a visual, fact-based storyline. Not only does it compel your jurors to care about your case, but it gives them an active role in the story’s resolution.\u003c\/p\u003e\n\u003cp\u003eTo learn more, read the full article\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/cdn.trialguides.com\/resources\/free-content\/bett-free-content\/YourJurorsYourHeroes.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ehere\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eRecommended Titles for Learning How to Tell Better Stories in Trial:\u003c\/strong\u003e\u003c\/p\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-05-27T19:02:00-04:00","updated_at":"2018-10-12T19:03:02-04:00","summary_html":"","template_suffix":null,"handle":"forget-about-your-case-and-start-telling-a-story","tags":"","image":{"created_at":"2018-10-12T19:03:02-04:00","alt":"","width":955,"height":286,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/Froget.jpg?v=1539385382"}}},{"id" : 13971554363,"title" : "Ten Wrong Reasons for Not Doing Focus Groups","articleTags" : [{ "tagHandle" : "michael-leizerman", "tag" : "Michael Leizerman" }],"articleYear" : 2015,"articleMonth" : "April","articleURL" : "/blogs/news/ten-wrong-reasons-for-not-doing-focus-groups","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/news_conf_room_150422_1024x1024.jpg?v=1539386240","articleDate" : "April 22, 2015","articleExcerpt" : "Excerpt From Advanced Depositions Strategy &amp; Practice by Phillip Miller and Paul Scoptur 1. I have all the proof I need.This statement is an example of ego gone wild. As we have said, there is lawyer proof and there is jury proof. The proof that the jury needs to find in your favor is often very different than what we as lawyers think is important. Without knowing the jury proof, you will miss critical evidence and testimony in your case. When there is something the jurors want to know—part of their proof—and it is missing from the evidence, they will make up whatever facts they...","articleReadMoreText" : "Read more","articleJSON" : {"id":13971554363,"title":"Ten Wrong Reasons for Not Doing Focus Groups","created_at":"2018-10-12T19:17:20-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cstrong\u003eExcerpt From\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/advanced-depositions-strategy-and-practice\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cem\u003eAdvanced Depositions Strategy \u0026amp; Practice\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/a\u003eby\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/phillip-h-miller\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePhillip Miller\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003eand\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/paul-j-scoptur\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePaul Scoptur\u003c\/a\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e1. I have all the proof I need.\u003c\/strong\u003e\u003cbr\u003eThis statement is an example of ego gone wild. As we have said, there is lawyer proof and there is jury proof. The proof that the jury needs to find in your favor is often very different than what we as lawyers think is important. Without knowing the jury proof, you will miss critical evidence and testimony in your case.\u003cspan id=\"more-6844\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003eWhen there is something the jurors want to know—part of their proof—and it is missing from the evidence, they will make up whatever facts they need for the story to make sense to them. This is called the filling defect. You will not like the answers the jury fills in for you at trial. The only way to learn what your jury proof is, is to talk to a focus group. Or two. Or three.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e2. Focus groups are too expensive.\u003c\/strong\u003e\u003cbr\u003eIt is not uncommon to hear lawyers say they cannot afford to do focus groups. They may spend tens of thousands of dollars on experts, animations, reconstructions, document or product analysis, and exhibits, but they will not spend money on the one activity that will provide the most critical information possible for the presentation, framing and sequencing, and ultimately, the success of their case.\u003c\/p\u003e\n\u003cp\u003eFocus groups can be much more cost effective than you think. If you have a small case, consider working with several other attorneys with similar cases and share the expenses. We are both trial consultants and trial lawyers. Because of that, we are\u003cbr\u003eoften willing to work on a partial or total contingent fee, which is a cost on the file, not a fee split. This minimizes the up-front cost of the focus groups. If you consider a cost-benefit analysis, focus groups are one of the best investments you can make.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e3. I know how to talk to a jury.\u003c\/strong\u003e\u003cbr\u003eWe all went to law school and learned how to think like lawyers. Unfortunately, your typical juror does not think, or talk, like you do. Your words must resonate with the jury, and the jury must remember them. Your analogies must be something that the jury can relate to. Your themes must make sense. They must understand you. Will the jury remember and understand “preponderance of the evidence”? Not likely. But, will they understand and remember that your burden of proof is that the evidence be “more likely than not”? Will they understand that your damages are the harms and losses that your client has suffered? These phrases did not come from lawyers; they came from focus groups. Lawyers often use legalese or have other technical terms associated with the case. Juries tune this language out, and that will affect your case. You must find the themes and phrases that the jury will remember\u003cbr\u003eand the ones that will hit home with their own experiences and beliefs. It is not what you say but what people hear that counts.\u003c\/p\u003e\n\u003cp\u003eFrank Luntz is a Republican consultant. He was instrumental in developing the Contract with America that Newt Gingrich made famous. He has written a book, Words That Work, which is essential reading for any lawyer. He came up with “gaming” instead of “gambling,” and “death tax” instead of “estate tax.”\u003c\/p\u003e\n\u003cp\u003eHis key point is simple: It is not what you say, it is what people hear. And focus groups tell us what they hear, and remember, and believe.\u003c\/p\u003e\n\u003cp\u003eBy the way, one of the greatest themes ever came from a focus group. Johnnie Cochran did not come up with, “If it doesn’t fit, you must acquit.” It came from a focus group.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e4. I have been doing this for years.\u003c\/strong\u003e\u003cbr\u003eDoing the same thing the same way and expecting different results is the definition of insanity. If you have never been disappointed or surprised in trial and if you have never gotten a result that was unjust, maybe this is not for you. On the other hand, if that was true, why would you waste time and money reading this book?\u003c\/p\u003e\n\u003cp\u003eYou will eventually find out what a jury thinks about at trial, but that is an expensive way to get answers. Would you pay $1 million for a car without taking it for a test-drive? The focus group is the test drive for your case. Every case has land mines\u003cbr\u003ethat will blow up your case. Focus group participants let you know what those land mines are. And more importantly, they can tell you the fixes for them.\u003c\/p\u003e\n\u003cp\u003eYour client has one day in court, and you have one chance to present the best case for her. Wouldn’t it be better if you test-drove it first? We are best at things when we have the chance to practice. A focus group lets you experiment with your presentation sequence, analogies, themes, and sequencing and see if your exhibits say what you want them to. Focus groups let you dry run your case. Focus groups give you the chance to lose without a real jury so that you can find your land mines and fix them before they come to light in the jury room. Wouldn’t you rather hear about a problem with your case while you still have the chance to fix it?\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e5. This case will probably settle.\u003c\/strong\u003e\u003cbr\u003eLet’s face it, most cases settle. Cost-conscious (pennywise, pound-foolish) attorneys, optimists, and those who will cave at the first series of substantial offers, believe that they do not need to conduct focus groups because the case will settle. When trial is looming, they realize that a focus group will help them prepare for trial. Unfortunately waiting until discovery is closed is not the best time to do focus groups. Although you will gain new insights, there are questions you cannot ask and evidence you cannot get in.\u003c\/p\u003e\n\u003cp\u003eIt is equally as important to learn about your case to prepare for settlement conferences as it is for trial. When you hear jurors (focus group members) use catchphrases to describe your case and you incorporate them into your deposition questions, your proof has the potential of being more persuasive with the kind of people who are likely to be in the jury. How about learning what a jury really thinks of the opposing side’s case and explaining that at a settlement conference? You will always have the upper hand when you really understand what a jury thinks of the entire case.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e6. I had a professional prepare my exhibits.\u003c\/strong\u003e\u003cbr\u003eStudies show that we spend hundreds of hours working on a case to get it prepared for trial, writing and practicing an opening statement, crafting the killer cross-examination. Yet we often spend little time thinking about and creating the exhibits we use to explain the case, or, even worse, we delegate the task to someone who does not know the case well. Focus groups can describe what they want to see, and they can critique exhibits with a fresh eye. Focus groups will always help tweak the exhibits you have started so that they are the best they can be, and send the right message to the jury.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e7. I already have the smoking gun discovery.\u003c\/strong\u003e\u003cbr\u003eToo often, we have heard focus group participants ask for specific testimony or documents that they believe they need to determine the case or award significant damages, and the lawyers do not have it. Why? Because they waited until discovery was closed before running a focus group. In any significant case, conduct focus groups while there is still time to send out discovery requests or lock in deposition testimony. Focus groups conducted during the pretrial phase provide the opportunity to send discovery requests to the opposing side, obtain the documents and information that is important to the jury’s decision, and ask the right questions at depositions.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e8. I know my case better than anyone.\u003c\/strong\u003e\u003cbr\u003eExcept maybe the opposing counsel, because they are running focus groups. The fact is, you don’t know what you don’t know unless you run a focus group. During recent focus groups, the lawyer told us that he learned more about his case in the two focus groups we ran than he had with his experts during the entire pretrial phase. Focus group participants say some amazing things, and every time, it is a surprise to find out what they think. Issues that we think are important or that we can handle easily at trial may not be so clear to the focus group. Focus groups often discuss things we think are irrelevant—alcohol usage, or lack of alcohol usage, in a car crash case is one example—within minutes of their deliberations. Questions or assumptions about routine documents like a police report are not so routine to focus group members. We spend much of the pretrial phase trying to obtain and learn the information that the other side possesses. We send interrogatories, take depositions, review documents, and analyze them. Why would we then fail to conduct focus groups and allow the other side to be the only one with the knowledge? To create a level playing field, you must learn what the other side knows, and the other side knows to run focus groups.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e9. That evidence will never come in.\u003c\/strong\u003e\u003cbr\u003eThe evidence may come in and it may not, but sometimes you find out you want it in so you can explain it to the jury, as opposed to having the jury make up an answer you do not like. In a recent case, a lawyer wanted to exclude facts concerning why the client was in prison. It was evidence that he could clearly keep out, but we found out that the jurors’ reasons for him being in jail were a lot worse than the real reason. When he presented the real reason to the focus group, they were less harsh on the plaintiff. In fact, some felt sorry for him. You need to know how to handle these issues and the other points that you think will never come into evidence but the jury wants to know about it. Questions you leave unanswered can become problems for you.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e10. I have an expert for that.\u003c\/strong\u003e\u003cbr\u003eLawyers think that experts are the silver bullets for all their problems.\u003c\/p\u003e\n\u003cp\u003e“What about this land mine?”\u003c\/p\u003e\n\u003cp\u003e“Don’t worry. I have an expert for that. I have it covered.”\u003c\/p\u003e\n\u003cp\u003eResearch shows that experts often cancel each other out or the jury simply does not believe them. This is based on various factors, including the amount they are compensated and the frequency with which they testify. Jurors don’t know which expert to believe, so they don’t believe either of them. Experts get you past summary judgment, but facts get you verdicts. Use focus groups to find out which facts you need to arm your jurors with to carry your fight during deliberations.\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003eDiscover more great tips and tactics about how to use focus groups and other tools for strategic case planning in:\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cdiv\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Advanced_Depostions_large.jpg?v=1539974084\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/advanced-depositions-strategy-and-practice\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eAdvanced Depositions Strategy and Practice\u003c\/a\u003e\u003c\/strong\u003e\u003cbr\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/phillip-h-miller\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePhillip H. Miller\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/paul-j-scoptur\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePaul J. Scoptur\u003c\/a\u003e\n\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $145.00\u003c\/div\u003e\n\u003cbr\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/anatomy-of-a-personal-injury-lawsuit\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Anatomy_large.jpg?v=1539974099\" alt=\"\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/anatomy-of-a-personal-injury-lawsuit\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e Anatomy of a Personal Injury Lawsuit\u003c\/a\u003e \u003c\/strong\u003eas edited by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/john-f-romano\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eJohn Romano\u003c\/a\u003e  \u003cbr\u003eHardcover $465.00\u003c\/p\u003e\n\u003cbr\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Focus_Groups_large.jpg?v=1539976735\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/em\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp style=\"text-align: center;\"\u003e\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/focus-groups\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eFocus Groups\u003c\/a\u003e\u003cspan\u003e \u003c\/span\u003e\u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/david-ball\"\u003eDavid Ball\u003c\/a\u003e with Debra Miller \u0026amp; Artemis H. Malekpour\u003cbr\u003e DVD $199.00\u003c\/p\u003e\n\u003cbr\u003e \u003cmeta charset=\"utf-8\"\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Trial_By_Human_large.jpg?v=1539976065\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cstrong\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial By Human\u003c\/a\u003e \u003c\/strong\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNicholas Rowley\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/steven-halteman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSteven Halteman\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $105.00\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-04-22T19:15:00-04:00","updated_at":"2019-01-22T20:46:13-05:00","summary_html":"","template_suffix":null,"handle":"ten-wrong-reasons-for-not-doing-focus-groups","tags":"","image":{"created_at":"2018-10-12T19:17:20-04:00","alt":"","width":943,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/news_conf_room_150422.jpg?v=1539386240"}}},{"id" : 13971750971,"title" : "Trial Team Obtains Record $10M Verdict Using Trial by Human and Rules of the Road™","articleTags" : [{ "tagHandle" : "nick-rowley", "tag" : "Nick Rowley" },{ "tagHandle" : "verdict", "tag" : "Verdict" }],"articleYear" : 2015,"articleMonth" : "April","articleURL" : "/blogs/news/trial-team-obtains-record-10m-verdict-using-trial-by-human-and-rules-of-the-road%E2%84%A2","articleImageURL" : "//cdn.shopify.com/s/files/1/0002/1341/8043/articles/news_bicycle_150311_1024x1024.jpg?v=1539386920","articleDate" : "April 11, 2015","articleExcerpt" : "In a county where it’s said that civil plaintiff cases go to die, the trial team of Nicholas Rowley, Courtney Rowley, and Theresa Bowen of Carpenter, Zuckerman &amp; Rowley tried a case deemed unwinnable by other lawyers. They obtained a record $10 million verdict. The three attorneys worked as a team using the methods in Trial by Human and Rules of the Road to win a case where the police named their client as at fault. This case, like many others, hinged on a detailed investigation and a trial team that understood how to overcome difficult odds. The Case Their client was a 15-year-old boy riding...","articleReadMoreText" : "Read more","articleJSON" : {"id":13971750971,"title":"Trial Team Obtains Record $10M Verdict Using Trial by Human and Rules of the Road™","created_at":"2018-10-12T19:28:40-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/files\/GroupPhoto_large.jpg?v=1539386985\" alt=\"\"\u003e\u003c\/p\u003e\n\u003cp\u003eIn a county where it’s said that civil plaintiff cases go to die, the trial team of\u003cspan\u003e \u003c\/span\u003e\u003ca href=\"https:\/\/www.trialguides.com\/authors\/nicholas-rowley\/\"\u003eNicholas Rowley\u003c\/a\u003e, \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/courtney-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eCourtney Rowley\u003c\/a\u003e, and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/theresa-bowen-hatch\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTheresa Bowen\u003c\/a\u003e of Carpenter, Zuckerman \u0026amp; Rowley tried a case deemed unwinnable by other lawyers. They obtained a record $10 million verdict.\u003c\/p\u003e\n\u003cp\u003eThe three attorneys worked as a team using the methods in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/trial-by-human\/\"\u003eTrial by Human\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand\u003cspan\u003e \u003c\/span\u003e\u003cem\u003e\u003ca href=\"https:\/\/www.trialguides.com\/product\/rules-of-the-road\/\"\u003eRules of the Road\u003c\/a\u003e\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eto win a case where the police named their client as at fault. This case, like many others, hinged on a detailed investigation and a trial team that understood how to overcome difficult odds.\u003cspan id=\"more-6531\"\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003ch4\u003eThe Case\u003c\/h4\u003e\n\u003cp\u003eTheir client was a 15-year-old boy riding his bicycle at night on a busy commercial street without a helmet. He was in an accident with a driver for AT\u0026amp;T. The police report listed the boy as completely at fault, claiming he had darted out and run a stop sign. Paramedic and emergency room records showed no loss of consciousness, a normal Glasgow Coma Scale score, and no abnormal neurological symptoms other than a headache.\u003c\/p\u003e\n\u003cp\u003eThe client was an eggshell plaintiff. He had a severe learning disability before the crash. He had been born two months premature and the defense blamed any problems on pre-existing issues and a “pathogenic dysfunctional family.” Given his already fragile cognitive abilities, the changes caused by the brain injury ruined his life. He had deficits caused by a small amount of damage to his prefrontal cortex (shown on high resolution MRI), as well as memory problems.\u003c\/p\u003e\n\u003cp\u003e\u003cb\u003eAT\u0026amp;T offered $100,001. No other formal offer was ever made.\u003c\/b\u003e\u003c\/p\u003e\n\u003cp\u003eThe trial team established liability using the Rules of the Road™ method. The driver said it was dark, that he had the right of way, and that the kid ran the stop sign. Defense experts said the concussion was minor and resolved. The defense neuropsychology expert called the client a malingerer. However, Rowley’s team discovered that the AT\u0026amp;T driver was on his cell phone. And that he had lied to the police about it. When caught, AT\u0026amp;T said, “He was on Bluetooth.”\u003c\/p\u003e\n\u003cp\u003eThe trial team used the methods discussed in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eTrial by Human\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003eand\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eConnecting with the Jury\u003c\/em\u003e. They spent a lot of time with the client and his family to help them learn the human story, revealing that the client was devastated by the injury — that he had changed significantly. His special education needs had doubled, and despite extra help he still had to drop out of high school. He went from being active and social to losing all of his friends, gaining sixty pounds, being unable to sleep, living with constant headaches, confusion, and personality problems to the point where he regressed in his behavior and had a short term memory of less than 1 percent of the population. He was twenty at the time of trial. His family explained him as frozen in time, the mind of a teenager trapped inside the body of a young man.\u003c\/p\u003e\n\u003cp\u003e\u003cb\u003eThe defense asked the jury to give a verdict of $50,000.\u003c\/b\u003e\u003c\/p\u003e\n\u003cp\u003eThe jury returned a verdict for past noneconomic damages of $550,000, future noneconomic damages of $8,050,000, and future economic damages of $1,400,000, for a total verdict of $10 million. The plaintiff’s statutory offer to compromise was for a fraction of the amount. As a result, the plaintiff gets awarded costs and prejudgment interest.\u003c\/p\u003e\n\u003cp\u003eThe team described the case as a long and very tough fight, and not just against AT\u0026amp;T. On top of difficult facts, and what was expected to be a conservative jury pool, the team faced a very angry court and courtroom staff. The clerk disliked the case so much that after the verdict he told the defense lawyer that the plaintiff should have received nothing. Thankfully, the jury understood the plaintiff’s loss. This confirms how powerful it is to use Rules of the Road in difficult liability cases, and how Nick’s methods help you to understand and convey your client’s losses in a way that even unreceptive jurors accept.\u003c\/p\u003e\n\u003cp\u003eOur congratulations to this trial team and the jury for doing the right thing by helping a family that truly needed it. We wish you the same success in your upcoming cases.\u003c\/p\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Trial_By_Human_large.jpg?v=1539976065\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/trial-by-human\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eTrial By Human\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/nicholas-rowley\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eNicholas Rowley\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/steven-halteman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eSteven Halteman\u003c\/a\u003e \u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003ePaperback $105.00\u003c\/div\u003e\n\u003cp\u003e \u003c\/p\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/RoR_large.jpg?v=1539975434\" alt=\"\"\u003e\u003c\/a\u003e\u003c\/p\u003e\n\u003cp\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/rules-of-the-road-trade\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRules of the Road\u003c\/a\u003e by \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/rick-friedman\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRick Friedman\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/patrick-malone\" target=\"_blank\" rel=\"noopener noreferrer\"\u003ePatrick Malone\u003c\/a\u003e\u003c\/p\u003e\n\u003cdiv\u003eHardcover $125.00\u003c\/div\u003e\n\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\n\u003c\/div\u003e","blog_id":8099790907,"author":"Cindy Ward","user_id":12448333883,"published_at":"2015-04-11T19:27:00-04:00","updated_at":"2019-01-22T18:32:30-05:00","summary_html":"","template_suffix":null,"handle":"trial-team-obtains-record-10m-verdict-using-trial-by-human-and-rules-of-the-road™","tags":"Nick Rowley, Verdict","image":{"created_at":"2018-10-12T19:28:40-04:00","alt":"","width":942,"height":282,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/articles\/news_bicycle_150311.jpg?v=1539386920"}}},{"id" : 29414031414,"title" : "$20 Million Verdict using Show the Story","articleTags" : [{ "tagHandle" : "robert-w-bailey", "tag" : "Robert W. Bailey" },{ "tagHandle" : "show-the-story", "tag" : "Show the Story" },{ "tagHandle" : "verdict", "tag" : "Verdict" },{ "tagHandle" : "william-s-bailey", "tag" : "William S. Bailey" }],"articleYear" : 2012,"articleMonth" : "November","articleURL" : "/blogs/news/20-million-verdict-using-show-the-story","articleImageURL" : "","articleDate" : "November 1, 2012","articleExcerpt" : "Troy D. Chandler sent us this verdict:  I cannot speak highly enough of your recent publication Show the Story by William and Robert Bailey. I just used the visual strategies outlined in this book to win a unanimous jury verdict of $20 million in Houston, Texas. This verdict was twice what we asked for throughout voir dire and all the way through closing arguments. The explanation for this result can be found in the visual techniques described in Show the Story, a book that shows attorneys how to reach the decision maker on an emotional level where decisions are often made....","articleReadMoreText" : "Read more","articleJSON" : {"id":29414031414,"title":"$20 Million Verdict using Show the Story","created_at":"2019-04-18T14:02:28-04:00","body_html":"\u003cmeta charset=\"utf-8\"\u003e\n\u003cp\u003e\u003cspan\u003eTroy D. Chandler\u003c\/span\u003e sent us this verdict: \u003c\/p\u003e\n\u003cp\u003eI cannot speak highly enough of your recent publication \u003ca href=\"https:\/\/www.trialguides.com\/products\/show-the-story\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eShow the Story \u003c\/a\u003eby \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/william-s-bailey\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWilliam\u003c\/a\u003e and \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/robert-w-bailey\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRobert Bailey\u003c\/a\u003e. I just used the visual strategies outlined in this book to win a unanimous jury verdict of $20 million in Houston, Texas. This verdict was twice what we asked for throughout voir dire and all the way through closing arguments. The explanation for this result can be found in the visual techniques described in Show the Story, a book that shows attorneys how to reach the decision maker on an emotional level where decisions are often made.\u003c\/p\u003e\n\u003cp\u003eThis particular case involved a property management company that failed to inform the residents of an apartment complex that a sexual predator had attacked two other women living on the premises. As a result, my client was repeatedly raped for\u003cbr\u003etwelve hours in her apartment.\u003c\/p\u003e\n\u003cp\u003eAfter reading Show the Story, I consulted with coauthor Robert Bailey, who is a trial consultant with twenty years of experience specializing in visual communication and story development. He helped me think about my case more creatively and showed me how to bring it to life visually using the techniques described in Show the Story. As a result, I developed the liability story of my case in an entirely different way than I was accustomed. Instead of relying primarily on words and documents, I used a visual documentary style of presentation.\u003c\/p\u003e\n\u003cp\u003eUtilizing the same visual strategies described in the book, I then presented my client's damages story through moving imagery, powerful sequencing, and unspoken communication, breaking through the normal accounting of facts and grabbing hold of the visual drama that brought to life my client's emotional story. The evidence laid itself out in such a powerful fashion that the jury was left with no other choice but to find fault with the apartment complex.\u003c\/p\u003e\n\u003cp\u003eThe result: the jury awarded the plaintiff $20 million dollars—twice the amount we were asking ($7 million for past mental anguish and physical suffering, $5 million for future suffering, and $8 million for the conduct of the apartment owners). The\u003cbr\u003ejury foreperson said to all assembled lawyers, \"We would have given you even more if you would have asked for it.\" Even the bailiff, who has twenty years of experience and has seen hundreds of trials said, \"This was the best opening I have ever\u003cbr\u003eseen.\"\u003c\/p\u003e\n\u003cp\u003eThis is the power of Show the Story. Never did I dream a jury would be so moved by the visual strategies described in this book. Neither did I dream the jury would render a verdict of double what we were asking. As far as I am concerned, this case\u003cbr\u003ewas won in the opening statement using the strategies of this great book and the work of its coauthor Robert Bailey.\u003c\/p\u003e\n\u003cp\u003eI can't thank Trial Guides enough for publishing this book. The strategies it describes made a big difference in the outcome for my client, and it has forever changed the way that I will present cases in the future. Thank you, Trial Guides. You've got a winner!\u003c\/p\u003e\n\u003cp\u003e\u003cbr\u003eTroy D. Chandler — Lead Counsel\u003cbr\u003eTroy received this verdict while with Williams \u0026amp; Kherkher. He is currently with Chandler McNulty\u003c\/p\u003e\n\u003cdiv\u003e\u003ca href=\"https:\/\/www.trialguides.com\/products\/show-the-story\" target=\"_blank\" rel=\"noopener noreferrer\"\u003e\u003cimg src=\"\/\/cdn.shopify.com\/s\/files\/1\/0002\/1341\/8043\/products\/Show_the_Story_large.jpg?v=1539975698\" alt=\"\" style=\"display: block; margin-left: auto; margin-right: auto;\"\u003e\u003c\/a\u003e\u003c\/div\u003e\n\u003cdiv style=\"text-align: center;\"\u003e\n\u003ca href=\"https:\/\/www.trialguides.com\/products\/show-the-story\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eShow the Story\u003c\/a\u003e\u003cbr\u003eThe Power of Visual Advocacy\u003cbr\u003e\u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/william-s-bailey\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eWilliam S. Bailey\u003c\/a\u003e \u0026amp; \u003ca href=\"https:\/\/www.trialguides.com\/blogs\/authors\/robert-w-bailey\" target=\"_blank\" rel=\"noopener noreferrer\"\u003eRobert W. Bailey\u003c\/a\u003e Paperback-$125.00\u003c\/div\u003e","blog_id":8099790907,"author":"Jessica Wolfe","user_id":28826828859,"published_at":"2012-11-01T18:08:00-04:00","updated_at":"2019-04-22T18:37:37-04:00","summary_html":"","template_suffix":null,"handle":"20-million-verdict-using-show-the-story","tags":"Robert W. Bailey, Show the Story, Verdict, William S. Bailey"}} ] }