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Trial Strategy

Strategies to make your client’s award collectible

Ever wonder what happens after the headlines trumpeting the latest humongous jury verdict are gone? Do the plaintiffs actually collect the amount the jury awarded? How often and how much? Whether a verdict is reduced by the trial judge, overturned or reduced on appeal by a higher court, or settled for less than the jury awarded, collecting a verdict is a high hurdle for plaintiffs’ attorneys.

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Tips from trial lawyers on vetting personal injury cases

Last year, a jury awarded $15 million in the largest slip-and-fall verdict in history to a female trucker who fell on an oily patch in a Walmart parking lot. While turning a hard rock into a gem may be rare, trial lawyers are making decisions every day about whether to take or turn away cases. Here are tips from some veteran trial lawyers on choosing cases.

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Can the lawyers ‘script’ direct party-to-party contact?

Under the rules of professional conduct, lawyers cannot communicate with opposing clients directly. However, nothing restricts opposing clients from communicating with each other, and lawyers are permitted to explain this to their own clients. But how much preparation can lawyers give their clients in these situations?

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Trial strategy: Should you let jurors handle the evidence?

A recent study by the University of Notre Dame suggests that humans learn and retain information differently if their sense of touch is engaged. Trial consultant Douglas Keene said this means that the value of touching a piece of evidence ...

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