May 31, 2006

For the Kentucky Trial Lawyer: TOP 5 TRUTHS ABOUT JURORS

I recently enlisted the help of one of the best trial consultants in the country, Becky Jones of Modlin & Jones Trial Consulting in Northern Kentucky, to help me come up with some Top 5 lists for Kentucky personal injury lawyers. Here is some her advice.

TOP 5 TRUTHS ABOUT JURORS

1. Don’t ask jurors to give your client the “benefit of the doubt” unless you want them to doubt your client.

2. Arguing that the law “only” requires proof “by a preponderance of the evidence” is like telling the jury that the plaintiff doesn’t have a lot of solid evidence.

3. People use their life experiences to fill-in-the-blanks in your case.

4. People don’t enter the courtroom looking for an opportunity to give away money.

5. It’s not what the law allows BUT WHAT JUSTICE REQUIRES that compels jurors to act on behalf of the plaintiff.


contributed by:
Becky S. Jones
Modlin & Jones Trial Consulting
130 Dudley Road, Suite 120
Edgewood, KY 41017
(859) 341-7170
(859) 341-7173 Fax

May 28, 2006

For the Kentucky Trial Lawyer: TOP 5 (+5) PIECES OF ADVICE JURORS HAVE FOR LAWYERS

I recently recruited one of the best trial consultants in the country, Becky Jones of Modlin & Jones Trial Consulting in Northern Kentucky, to help me come up with some Top 5 lists for trial lawyers. Here is some of her advice.

TOP 5 PIECES OF ADVICE JURORS HAVE FOR LAWYERS

1. Don’t ramble.

2. Get to the point.

3. Be concise.

4. Don’t keep repeating what other witnesses have said.

5. When every fact is repeated, no fact is important.

BONUS: 5 MORE

1. Be assertive without being offensive or aggressive.

2. Don’t try to “spin” an obvious problem. Simply explain why the mistake happened.

3. Explain things clearly.

4. Be organized.

5. Be honest.



contributed by:
Becky S. Jones
Modlin & Jones Trial Consulting
130 Dudley Road, Suite 120
Edgewood, KY 41017
(859) 341-7170
(859) 341-7173 Fax

May 25, 2006

For the Kentucky Trial Lawyer: Essentials of Voir Dire

In preparing for an upcoming bad faith trial, I came across this fantastic article on voir dire by my good friends and worlds best trial consultants Mark Modlin and Becky Jones.  This is from the Florida Trial Lawyers website, and was repreinted from the Kentucky Bar Association’s Bench and Bar. 

Essentials Of Voir Dire

By Mark Modlin and Becky Jones

Trial consulting has existed as a profession for nearly 25 years, but certain aspects of the consultation process have been decades in the making. Voir dire is one of those areas. Considered by some attorneys to be the "necessary evil" of a trial, voir dire has the potential to make or break a case.

Voir dire, the "getting to know you" process of a brief but important relationship between an attorney and a story of strangers, is a conversation that can be the cornerstone of a strongly built case. It also can be a stumbling block between an attorney and the jury, so it is imperative to remember that the relationship is a two-way street.

Attorneys often become too concerned with telling jurors about themselves, and fail to focus on who the jurors are. The key to successful use of voir dire is to educate the jurors about your case and educate yourself about the jurors. To talk one-on-one with prospective jurors and to find out not only what they think but, more importantly, why they think it, is precisely what scares a lot of attorneys.

Continue reading "For the Kentucky Trial Lawyer: Essentials of Voir Dire" »

May 23, 2006

For the Kentucky Accident Lawyer: Louisville Seelbach Hilton Hotel to host KATA convention; David Ball to speak

2006 KATA Annual Convention and Seminar

Sept. 6-8, 2006 at the

Seelbach Hilton Hotel Louisville, Ky.
 

Featuring a half-day session with Trial Consultant and Author David Ball

David Ball’s frankly delivered, out-of-the-box, “unlawyerly” lessons will revolutionize the way you present a damage case to a jury. Whether you have tried dozens of cases or have yet to try even one, this presentation will have a profound impact on your ability to connect with a jury.

David Ball, PhD., a nationally known jury consultant and trial skills trainer, is a leading authority on adapting audience persuasion techniques from theater and film to in-court use. Trained in communications, theater, and film, his credits as a director, producer, and playwright include the Guthrie Theater, Broadway and off-Broadway, Carnegie Mellon University, and Duke University, where he chaired Drama.

He has taught law students at Duke, the universities of North Carolina, Minnesota, and Pittsburgh, and Campbell University as Adjunct Professor of Law. He writes for a variety of law publications, and his NITA book Theater Tips and Strategies for Jury Trials is a national best-seller.

May 2, 2006

For the Kentucky Trial Lawyer: Rules of the Road

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RICK FRIEDMAN

I have had the good fortune to learn from one of the preeminent trial lawyers in the country, Rick Friedman. Rick has had multiple eight and nine figure verdicts in his illustrious career.

A few years ago, Rick introduced me to his concept of proving liability by talking to the jury in plain terms about the "Rules of the Road". The Rules of the Road is a very powerful idea that can work in any type of case: Medical Malpractice, Insurance Bad Faith, or any variety of personal injury cases.

He and his colleague Patrick Malone recently put this concept in book form and it is now available for purchase. I cannot recommend this text highly enough.

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"Rules of the Road does not belong on your bookshelf or your desk; it belongs in your mind. Get it there before you even think about your next trial. It contains two special joys: It teaches something usable on almost every page, and what it teaches is dead-on right."
David Ball, Ph.D., author of David Ball on Damages

“Rules of the Road is innovative, interesting, easy to understand and follow, and its logic is very compelling. Any trial lawyer could benefit from reading this book. Too often, trial advocacy books do not ‘tie it all together.’ That is one thing in which these authors have excelled – taking the basic concepts of ‘rules’ and showing how to develop and use them in every stage of a case.”
Larry S. Stewart, Former President, Association of Trial Lawyers of America

Clike here to order your copy.