Up to 70 percent of jurors will have made their decision by the end of opening statements. Attorney Keith Mitnik has developed a successful method to show you how to win at the start and dismantle the defense’s case while trying yours.
Keith Mitnik lives in courtrooms. When he’s not in trial, the senior trial counsel for Morgan & Morgan, the largest personal injury law firm in America, spends his time mentoring his firm's younger lawyers and inventing cutting-edge courtroom strategies. In Don’t Eat the Bruises, Mitnik reveals his result-producing methods for the first time in print. Drawing from the hard-won experience of his prolific and innovative career, Mitnik offers an approachable and proven system for trying and winning cases.
Exploiting juror bias, taking things out of context, and overemphasizing imperfections at trial are all “bruises”—cheap tricks that the defense uses to distract from facts and well-constructed cases. Mitnik offers strategies for dealing with these issues in jury selection, opening statement, and beyond, with a heavy focus on dismantling defenses based on bias, sympathy, and prejudice at the very beginning of your case.
Don't Eat the Bruises is an easy to read book that provides you with practical advice on effective legal skills. Whether you’re a new lawyer seeking guidance for your first auto case or a seasoned advocate looking for a fresh approach to your upcoming medical malpractice trial, Mitnik’s framework provides you with practical tools for winning.
Don't Eat the Bruises will give you the skill and confidence to get out of your office and into the courtroom to seek full justice on your next case.
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- Part I Jury Selection: Cutting Out Bias
- Getting Rid of Bias Lightning-Quick
- Educating Jurors about Bias
- Identify Those at Risk for Bias
- Establishing, Expanding, and Fortifying Cause
- Nuances and Common Complications
- Identification and Cause Questions for Car Crash Cases
- More Identification and Cause Questions
- Identification and Cause Questions for Medical Negligence Cases
- Wrapping Up Bias
- Completing the System after Bias
- Putting It All Together
- Part II The Untapped Power of Opening Statements
- Getting Ready to Give and Take
- Owning Their Favorite Facts
- In Context versus Out of Context
- The Language of the Case
- Rounding Out the Untapped Power of Opening
- Part III The Evidence Phase: Keeping the Lead
- Direct-Exam: Building on Opening
- Cross-Examination: Holding Your Ground
- Part IV Closing: Bearing Fruit to the End
- Finishing in Full Stride
- Holding All the Cards
- The Dignity of Damages
- Damages Models
- The If-It-Was-Only Damages Model
- The Power of Analogy
- Part V Burden of Proof: A Brand-New Way
- The Civil Burden of Proof
What Legal Leaders Are Saying
— Brian Panish, member of the Inner Circle of Advocates
Don’t Eat the Bruises offers trial attorneys the fruits of Keith’s spectacular career. Full of great analogies and helpful tips, this tasty treat will ensure that you remove all the spoiled and bruised parts of your next case—leaving you with a case that is fresh, crisp, and deliciously effective.