Who Will Speak for the Victim?

Description

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

Jim M. Perdue

Trial Lawyer

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