Who Will Speak for the Victim?

Jim M. Perdue

Format: Hardcover
Condition: New
Sale price$145.00

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.

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

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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