In every case, you face an insurance adjustor, arbitrator, judge, or jury who makes a decision about the facts in your case. These decision-makers often interpret (or misinterpret) legal concepts and evidence in terms of their own life experiences. Keith Mitnik, Morgan & Morgan’s senior trial counsel, demonstrates how practical stories and analogies help fact-finders better understand the concepts in your cases.
As the senior trial lawyer at America’s largest personal injury firm, Mitnik has tried and perfected this approach on cases ranging from minor-impact car crash cases to medical malpractice and tobacco cases. In this presentation, he expands upon the concepts in his bestselling advocacy book, Don’t Eat the Bruises, and teaches how to use analogies in voir dire that can result in more challenges for cause. He shows how analogies in opening statement can create simple references to important concepts that can be used throughout trial; and he also discusses how to discredit defense experts in opening statement—before they can make their first impression—and then tie that into later cross-examinations.
Lastly, Mitnik lays out how advocating your case in an honest and objective way leads to better case outcomes, even when faced with opposing counsel who are willing to do, and say, anything in order to win.
The Power of Analogy from Trial Guides on Vimeo.
Disc 1 [01:31:00]
- Don't Eat the Bruises
- The Power of Analogy
- Practical Examples
- Using Analogy in Voir Dire
- Dealing with Letters of Protection & Doctor Liens in Voir Dire
- Choosing Your Words during Cross-Examination
- When to Mention Defense Expert Money
- Discrediting the Defense Expert in Opening
- Discussing Burden of Proof
- Ethics as a Strategic Advantage
Total running time: 1 hour, 31 minutes