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The Barrister’s Toolbox

Tag: Parables; analogies; fables; storytelling; closing arguments

The Floor for the Value of a Human Life is Flying High

You have a wrongful death claim and need an indisputable source of information to determine the minimum value of a human life. Wouldn’t it be nice if the federal government published minimum values for the loss of a human life? Well, they have! The U.S. Defense Department has made a conscious decision on this very disputed →

closing arguments, Trial Advocacy, Uncategorized

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Adversarial system, catastrophic injuries, juries, Parables; analogies; fables; storytelling; closing arguments, total disability, Trial, trial advocacy, wrongful death

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Nov 9, 2017
Closing with Style

Style and Delivery As mentioned in my last post, there are a number of great sources worth consulting for purposes of delivering a closing argument. On that is particularly appropriate is the a speech book called, Speak Like Churchill Stand Like Lincoln by James Humes. Here are a few short comments on this topic: Tone →

Uncategorized

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“reply letter doctrine”, advocacy, analogies, Analogies anecdotes, mock trial, mock trial competition, mock trial team, Parables; analogies; fables; storytelling; closing arguments, quotes, style and delivery

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Jun 17, 2015
Closing Argument – What to Do When Your Opponent Deals from the Bottom of the Deck

It is important to stick with the argument that you’ve planned out. Then aggressively and positively put forward your case. You don’t want to waste too much time responding to the other side’s argument to the detriment of their own. You want to help the jurors reach their own conclusions about the case with the use →

closing arguments, Trial Advocacy

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analogies, Gerry Spence, parables, Parables; analogies; fables; storytelling; closing arguments, trial advocacy, trial notebook

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Jun 16, 2015
What to Do When They Call Your Client a Liar, a Fraud and a Cheat.

The defense has enlisted the aid of a hired gun “expert” who insinuates or is going to testify that your client is a malingerer or a fraud. What can you do to address such tactics? Can you exclude the testimony? Should you address it head on or skirt the issue? Hopefully, this blog will offer →

closing arguments, Trial Advocacy, Uncategorized

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analogies, Expert Witness, Motion in limine, Parables; analogies; fables; storytelling; closing arguments, Rules of evidence

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Apr 1, 2014
Distraction, Misdirection and the Art of Verbal Jujitsu.

Distraction, misdirection and appeals to prejudice are common tools of the defense. Ideally, you keep these improper arguments or evidence from the jury through the use of motions in limine. However, sometimes this is impossible to do. What do you do to keep the jury from being mislead or distracted by meaningless side issues? How →

closing arguments, Trial Advocacy

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ad hominem, analogies, Closing argument, Parables; analogies; fables; storytelling; closing arguments

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Apr 1, 2012
Analogies: The power of parables and fables

Want the jury to remember the key points of your closing argument? Having trouble making a point of law clear? The answer is to find a good analogy or anecdote to make your point. Some of the best teachers I had were those who used analogies to drive a point home. Jesus parables such as →

Trial Advocacy

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Parables; analogies; fables; storytelling; closing arguments

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Jan 15, 2012