In this latest edition of Facts Still Can’t Speak for Themselves by Eric Oliver, readers will dive deep into cutting edge research in communication, human judgement, perception and influence that break down the process of turning abstractions into effective persuasive practices. This book offers specific methods for trial professionals to increase their reach into the full range of potential stories decision makers can and will construct during any case. It then teaches you how to refine those stories into a compelling presentation for any legal decision maker to judge. In this latest edition each chapter is now supplemented with some of the most relevant developments in the science of decision making as well as much more experience and skills that Oliver has gained since the first edition in 2005.
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Every lawyer asks this stand-out question – sometimes musing while brushing teeth, or maybe staying quiet when watching others talk about their stand-out moments.
Talent is one thing. Put it in a category with knowledge, skill, and diligence.
Lawyers are aware if they are good at what is necessary: good work product; conscientious ethical practices; friendly attitudes toward peers; courtesy to superiors; pitches to work with the powerful partner or supervisor; notes and calls to potential clients.
Yet these measures are “the price of admission.”
So what makes the lawyer a stand-out success?
Being different, remarkable,
How can lawyers work up to being “courageous” and “right”? Strategic opportunities to develop courage are few when your days are filled with client matters, and the senior lawyers in your office are equally booked for billable work. Where can you find safe places to try to fail, and to fail without risk?
Coaching in the office? Time and the private practice business model permits very little time for that. At the beginning of my career in a preeminent large firm, I could go to the assigning lawyer, could tag along to a court appearance (the firm organized these tag-alongs for associate groups), and could ask the partner to “tag along” with me so that I had a coach as I ventured into my first depositions (expert depositions, at that). Our billable hour requirement — a new idea then — was 1750.
Coaching from an outsider? That works for business development processes. But it is impossible to find tag-along coaching, even if it were affordable.
No, you must look for places of low risk for high-risk experiments on yourself. Here are the requirements of that place: you can perform experimentally; you know your experiment will fail because you are courageous enough to try; the failure teaches you something new; and you will repeat the experiment until you succeed.
Since you are taking that level of risk, you must look for the place that gives you the best teaching and coaching you can get. No pain without gain!
I have that place. It is NITA – a huge experiment by you on yourself.
We are safe. We are masters at teaching advocacy skills. We are coaches. We demand you repeat. We show you what to change.
And you come away with courage that you will always carry with you.
If you don’t know why NITA programs are the answer, please call me. I have the passion, the experience and the history. More, I have your best interests foremost in mind.
Think . . . Never again musing only into your mirror. Never again hiding in silence while others seem to gain courage. Join in with the wise learning at NITA: “trying to fail in a new skill, with friends.”
Karen M. Lockwood, Esq.
President and Executive Director
National Institute for Trial Advocacy
The three Next Generation Faculty (NGF) Class of 2016 has been chosen from a dozen candidates. This year’s outstanding class of young, up-and-coming NITA faculty members consists of:
Ms. Cassidy is the Director of the Shepard Broad College of Law’s Veterans Law Clinic, and staff attorney.
Prior to joining NSU she was the supervising attorney for the EACH (Economic Advocacy and Community Health) and VALOR (Veteran Advocates Legal Outreach & Representation) Projects at Coast to Coast Legal Aid of South Florida, Inc. Ms. Cassidy created and implemented the VALOR Project which is a medical legal partnership with the Department of Veteran Affairs.
Ms. Cassidy is experienced in complex civil and criminal litigation and has a solid background in state and federal practice. She has served in the public sector as a Chief Assistant for the Broward County Public Defender and as an Assistant Attorney General.
Ms. Cassidy received her J.D. from Seton Hall University School of Law where she was a member of the Legislative Law Journal. She is a former Litigation Counsel for Carnival Cruise Lines, and practiced law in New York and New Jersey with Garberini & Scher and Bower & Gardner.
Mr. Haden has worked as an Assistant U.S. Attorney for the Southern District of California in the General Crimes Section since 2010. Since 2013, he has served as the Project Safe Neighborhoods Coordinator for the Southern District of California, a nationwide program designed to reduce gun and gang crime. Prior to joining the U.S. Attorney’s Office, he served for two years as a law clerk to the Honorable Thomas J. Whelan of the U.S. District Court for the Southern District of California. He received his J.D. from the University of San Diego, in 2008. Mr. Haden received his B.A. from Stanford University, in 2000. Upon graduation from Stanford, Mr. Haden was commissioned as an officer in the U.S. Navy. Mr. Haden served in the Navy for five years, which included two overseas deployments.
Jason R. Young
Mr. Young practices in the area of insurance defense litigation with Pearl Schneider LLC. He has extensive experience in all aspects of litigation including discovery, motions practice, depositions, mediations, arbitrations, and jury trials, throughout Colorado.
Prior to joining Pearl Schneider LLC, Mr. Young served as trial counsel with Hunter & Associates in Denver. As captive litigation counsel for Farmers Insurance, Mr. Young litigated cases ranging in value from thousands of dollars to over one million dollars. He successfully completed eleven jury trials in three years.
Before focusing on civil litigation, Mr. Young spent his first eight years in practice as a Deputy State Public Defender in Adams and Denver Counties. He practiced predominately in District Court handling an extensive caseload, comprised entirely of felony cases, in various stages of litigation. He served as lead counsel, and completed over forty jury trials, on a wide range of criminal cases including homicides, not-guilty-by-reason-of-insanity pleas, sexual assaults, crimes of violence, and economic crimes.
Mr. Young’s entire career has been spent litigating cases, both civil and criminal, in the courtroom. Mr. Young has completed over fifty jury trials throughout Colorado.
As members of the NGF Class of 2016, Ms. Cassidy, Mr. Haden and Mr. Young will be trained and invited to teach at the geographically diverse NITA trial and deposition programs between January 1 and December 31, 2016, to gain more experience to NITA learning-by-doing teaching.
NITA’s very first case file on patent law, written by Ryan H. Flax, is a civil trial about patent infringement where readers will dive deep into this complex litigation. The case file introduces readers to SwimTime Corp., a company who suddenly notices a longtime competitor, Water-Fun, has a floating lounger that looks eerily similar to its own top-selling floating device for pools. Due to the uncanny similarities and the fact that Water-Fun has known of SwimTime Corp. for a long time, a patent infringement case ensues. This case file demonstrates the importance of basic trial preparation and the demonstration of evidence.
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