Who Will Speak for the Victim?

Jim M. Perdue
Who Will Speak for the Victim?
Who Will Speak for the Victim?

Who Will Speak for the Victim?

Jim M. Perdue
$125.00

The subtitle of Who Will Speak for the Victim? is A Practical Treatise on Plaintiff's Jury Argument, and it is practical. Chapters address methods of arguing liability and damages in various types of personal injury cases, emphasizing the most effective approaches to relating the evidence and argument to the specific questions the jury must answer. If you primarily represent defendants, you will also find it helpful to review techniques the author describes to encourage large verdicts. But the extraordinary thing about this book is that all the practical tips, from basic forensic principles to how to help jurors develop a positive perception of your clients, couched in a cogent wit that is highly entertaining.

Although it is written by a personal injury plaintiff's lawyer, defense counsel, as well as business, corporate, and family lawyers will find that many of the concepts apply to their diverse specialties. Dozens of actual courtroom scenes illustrate jury persuasion and argument techniques that work—and those that don't. Perdue explores basic forensic principles such as posture, movement, vocal tone, pitch, and verbal content in these instructive pages, along with more advanced techniques like the art of subliminal persuasion. This readable book will help every trial advocate not only to develop more compelling arguments but also to present summations that are entertaining and provocative.

For the plaintiff's advocate, chapters address methods of arguing liability and damages in various types of personal injury cases. The last four chapters present complete summations, taken from actual cases, that tie together the techniques and concepts explored throughout the book.

Please note: Trial Guides cannot sell this text outside the United States and its territories.

  • Author

  • Details

    Hardcover: 434 pages; 1st edition (1989); ISBN: 978-0938160540
    Publisher: State Bar of Texas
  • Table of Contents

    1. Letter from the President of the State Bar of Texas
    2. Preface
    3. Acknowledgments
    4. Part 1: The Concept of Forensic Argument
    5. Interrelation of Argument and the Case
    6. Preparing the Argument
    7. Part 2: Concepts of Persuasion
    8. Levels of Communication-Verbal, Vocal, and Physical
    9. Subliminal Persuasion
    10. Technique Versus Style
    11. Part 3: Physical and Vocal Principles of Argument
    12. The Trial Lawyer's Appearance
    13. Posture, Gestures, and Movement
    14. Demeanor
    15. Mechanics of Speech
    16. Part 4: Verbal Principles of Argument
    17. Selection and Use of Words
    18. Use of Anecdotes and Poetry
    19. Use of Similes, Metaphors, and Analogies
    20. Use of Rhetorical Questions and Embedded Commands
    21. Part 5: Argument Strategies
    22. Content of Argument
    23. How Juries Deliberate
    24. Part 6: Specific Arguments on Liability
    25. Arguing Liability-Generally
    26. Workers' Compensation
    27. Automobile Cases
    28. Premises Injuries
    29. Product Liability
    30. Medical Malpractice
    31. Part 7: Specific Arguments on Damages
    32. Arguing Damages-Generally
    33. Physical Pain
    34. Mental Anguish
    35. Future Damages
    36. Loss of Earning Capacity
    37. Death
    38. Part 8: Illustrative Arguments
    39. The Case of the Redundant Oxygen-A Product Liability Argument
    40. The Case of the Nurse Who Wasn't Borrowed-A Hospital Liability Argument
    41. The Case of the Unknown Future-An Automobile Injury Argument
    42. The Case of the Errant Surgeon-A Surgical Malpractice Argument
    43. Bibliography
    44. Index

The subtitle of Who Will Speak for the Victim? is A Practical Treatise on Plaintiff's Jury Argument, and it is practical. Chapters address methods of arguing liability and damages in various types of personal injury cases, emphasizing the most effective approaches to relating the evidence and argument to the specific questions the jury must answer. If you primarily represent defendants, you will also find it helpful to review techniques the author describes to encourage large verdicts. But the extraordinary thing about this book is that all the practical tips, from basic forensic principles to how to help jurors develop a positive perception of your clients, couched in a cogent wit that is highly entertaining.

Although it is written by a personal injury plaintiff's lawyer, defense counsel, as well as business, corporate, and family lawyers will find that many of the concepts apply to their diverse specialties. Dozens of actual courtroom scenes illustrate jury persuasion and argument techniques that work—and those that don't. Perdue explores basic forensic principles such as posture, movement, vocal tone, pitch, and verbal content in these instructive pages, along with more advanced techniques like the art of subliminal persuasion. This readable book will help every trial advocate not only to develop more compelling arguments but also to present summations that are entertaining and provocative.

For the plaintiff's advocate, chapters address methods of arguing liability and damages in various types of personal injury cases. The last four chapters present complete summations, taken from actual cases, that tie together the techniques and concepts explored throughout the book.

Please note: Trial Guides cannot sell this text outside the United States and its territories.

What Legal Leaders Are Saying

An extraordinary book. Mr. Perdue has spent his entire professional life making an in-depth study of courtroom advocacy and the art of persuasion. In Who Will Speak for the Victim, Mr. Perdue shares his extensive knowledge with those who aspire to be better trial lawyers.

— Stanley B. Binion Baker, Brown, Sharman and Parker, Houston, Texas

Who Will Speak for the Victim represents the best collection of a trial lawyer’s thoughts on effective jury communication that I have seen. This book will be helpful to a trial lawyer at any stage of his or her career.

— Frank L. Branson, Law Offices of Frank L. Branson, Dallas, Texas

This masterful work will be invaluable to all who enter the courtroom, regardless of their area of practice. Every trial lawyer will wish to make this volume part of his or her law library.

— Honorable Eugene A. Cook, Justice Supreme Court of Texas

In these instructive and entertaining pages, author Jim Perdue distills a wealth of trial experience and presents a superbly crafted work that will benefit the novice and the seasoned trial lawyer alike.

— James B. Sales, Fulbright and Jaworski, Houston, Texas

Rarely are books for lawyers both educational and entertaining. Who Will Speak for the Victim meets each of those criteria. Even rarer is the opportunity to learn the tricks of the trade from a trial master.

— Terry O. Tottenham, Fulbright and Jaworski, Houston, Texas

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