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The O.S.P.A. should be done with respect to all phases of the case John Tavares Islanders Jersey , including basic pleadings, written discovery including the interrogatories and production requests and requests for admissions, depositions, matters pertaining to settlement Andrew Ladd Islanders Jersey , trial preparations, mediation, voir dire, opening statement Mathew Barzal Islanders Jersey , examination of witnesses, pretrial and trial motions, summation, jury instructions Anthony Beauvillier Youth Jersey , and more. I will limit a sample approach to this odel?by simply going through an O.S.P.A. in one phase of a case or trial. In this instance, we will work on an O.S.P.A. regarding the opening statement to be given by opposing counsel ?defense counsel ?in a two-car motor vehicle collision where one vehicle rear-ends the other and where the plaintiff claims as his primary injury that of a herniated disc in the neck. The Opposition Strategy Prediction Assessment should be carried out as follows:
Step 1 ?Who is the lawyer giving the opening statement? Is he bright or not so bright? Is she articulate? What are his physical characteristics? What are her vocal characteristics ?loud or soft, tone of voice, characteristics of enunciation and pronunciation Casey Cizikas Youth Jersey , and more? Is he emotional or calm? Does she demonstrate passion? Will he be low-key or more flamboyant? What is his track record in other cases in opening statements, and what are my assessments based on those transcripts and talking to other lawyers about him or her? How does he dress? What is her overall demeanor generally? Ethical or borderline ethical? Knowledgeable of the law and procedure or not? Once I have asked and answered all of these questions about the lawyer who will deliver the opening statement for the opposition, I can predict with a very high degree of accuracy how that lawyer is likely to act during opening statement and how that lawyer is likely to eliver?the opening statement, regardless of the form and substance of what is being said. This Adam Pelech Youth Jersey , of course, will have a lot to do with how I approach the case; how I approach my opening statement; and even as to the jurors I may choose to strike from the panel. For example, if I know that my opponent is a more loud, boisterous Calvin De Haan Youth Jersey , and flamboyant advocate, I may choose to keep a juror whom I believe will tend to dislike and distrust that type of a personality. When I have done my full assessment on this aspect of the O.S.P.A., I should know exactly what to expect and the way in which my opponent is likely to deliver his or her opening.
Step 2 ?What is my opponent likely to say in the first 30 seconds of his or her opening? What impact words or language will be used? What catchy phrase will be used? What theme will be used?
Step 3 ?What is my opponent likely to say when he talks about my client as a person? A plaintiff in a lawsuit? The client鈥檚 history of work ethic and character traits?
Step 5 ?What demonstrative aids will my opponent use in opening statement on issues of fault? What demonstrative aids will my opponent use on issues relating to causation? What demonstrative aids will my opponent use on issues relating to damages? What other demonstrative aids might my opponent use on issues r
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