“Use of Demonstrative Evidence at Trial” and “How to make Science Understandable to a Judge and Jury”
“Use of Demonstrative Evidence at Trial–How to maximize Your Results”
Moderator’s of a panel of three Milwaukee County Civil Court Judges discussing scheduling orders, pre-trial orders, use of depositions at trial, objections at trial, fundamentals of brief writing and motion practice.
Safety is hot area of auto marketing. Technology takes driver out of safety equation; crashworthiness driven by consumer expectations; unintended consequences of airbags; reasonable expectation test; enhanced injuries. Reviews new Restatement (Third).
Discusses what evidence to use and how to use it in order to get a favorable result at trial.
Address to hospital based group on medical malpractice law in the state of Wisconsin.
Address to this honorary society for surgeons on the topic of medical malpractice as it relates to surgeons.
Discusses various litigation and damage strategies plaintiffs may use to survive the changes in joint and several liability: joint enterprise, concerted action, faultless plaintiff, apportionment of damages, admissibility of medical records.
Two major goals during the jury phase of the trial: earn the jury’s trust, and identify those jurors who are not likely to give you a fair shot at a favorable verdict. Many lawyers use this phase to sell their case to the jury. This must be approached very carefully, or you risk undermining your efforts to earn the jury’s trust.
Inspect records for alterations. Powerful evidence to attack credibility; strengthens settlement posture. WI does not recognize tort of spoliation. Considers elements of, damages in, and procedural issues with tort of intentional spoilation.
Injuries to occupants from motor vehicle restraint system. Covers seat belt design defects, lap belt only, submarining, slack or looseness in 3-point belt, passive belt systems, inertial unlatching, improper anchor location, failure to test, integrated restraints, air bag defects, manufacturers’ defenses.
Duty to preserve evidence; states which recognize tort of spoliation; civil sanctions for spoliation recognized by more states; criminal sanctions; misrepresentation; detailed analysis of WI law and cases; federal cases; ethical considerations. Includes articles about topic.
Wisconsin Trial Practice, State Bar of Wisconsin Series Publication.
Day long mock trial demonstration of a premises liability case tried by Mr. Prachthauser several years earlier.
Half day program presented to judges throughout the state, using video vignettes requiring evidentiary rulings. The program was designed to help judges sharpen their knowledge of the Wisconsin Rules of Evidence.
Day long seminar presented to Wisconsin lawyers on the rules of evidence. The program utilized more than 50 vignettes which the audience was given an opportunity to rule upon using a key pad responder system.
Tell story, be persuasive, not argumentative. Defuse and minimize client’s bad facts. Humanize client. Should compel jury to have interest and belief in case. Maintain eye contact, voice control and emotion.
Be direct, sincere and friendly; use plain language; write down your closing, simplify; refer to client by name; be courteous and respectful; eliminate preconceived notions; use the verdict form; and plan rebuttal in advance.
Goal of direct examination is to present to fact finder observations and opinions (where permissible) of credible witnesses clearly, logically and in manner which persuades.
Development of negligence and strict liability in products liability action; origins of crashworthiness; definition; Wisconsin case law; future developments; state of the art; continuing expansion of crashworthiness.
Discusses the background, legal elements, limitations, and proof of claim for loss of consortium claims. ON DISK.
Lists 5 abuses that are common to defense medical examinations (not independent) and gives ways to deal with each abuse. The 5 are: (A) “hiding” results that are favorable to plaintiff by not calling examiner as witness; (B) making the exam a “second deposition;” (C) detailed medical history; (D) using a professional examiner; and (E) out of state examiner who is not made available for deposition. Third party attendance and recording the DME.
Plaintiff is entitled to discover report of “independent” medical examination, even if physician is not going to be called as witness; inc. form of stipulation that includes right of plaintiff to take doctor’s deposition.
Secure relevant, admissible evidence, acquire information leading to admissible evidence, discern factual and legal basis for defense, identify defense’s expert and lay witnesses and their testimony, identify evidence defense may use. Develop a discovery plan in every case. Provides examples of informal discovery methods, formal discovery: depositions, interrogatories, requests for admission, and documents.
New Lawyers Section. Purposes of discovery and discovery plan. How informal discovery techniques can be used in auto, premises, products, med mal and other cases. Formal discovery inc. depositions, interrogatories, requests for admissions and production. Inc. list of ATLA Litigation Groups.
Common problems and how to handle them, including jurors themselves (illness, emergency, etc.), what is sent in, questions, juror misconduct, irregularities in reaching verdict. Mistrial, alternate jurors, juror bias.
How to prepare argument for pain and suffering in soft tissue case; definition and mechanisms of soft tissue injuries; how to handle lay and expert witnesses; rebuttal arguments to common defense positions; defense medical examiner.
Patty Millar and Barb Schultz, two Mothers from Menomonie, WI, spoke about struggle to change WI’s wrongful death law. Legislative process, special interest groups and travels across state to raise awareness. Admonished lawyers to take cases involving children.
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