Kentucky Law Review

TRIAL PRACTICE: The Power of Storytelling

2008-08-21T00:04:00-04:00

Lawyer's and storytelling go hand in hand, but when you get in front of a jury, it can be difficult to tell a story when you can't change the facts. However, the following post from the Law Practice Today Blog gives you some tips on the subject. However, I would also encourage you to check out Jim Perdue's two books "Winning With Stories" and "Who Will Speak for the Victim?" both of which can be purchased online from the Texas Bar.

The Power of Storytelling in Your Legal Practice

How do attorneys connect with their audience without losing themselves in legal-speak? The art of story telling can help lawyers communicate in a way that is captivating and easily understood.

Here are the books:

Who Will Speak for the Victim? A Practical Treatise on Plaintiff’s Jury Argument
By Jim M. Perdue
1 volume; hardcover
Copyright © 1989, 420 Pages - $84.00
More about this product Purchase this item

Winning with Stories: Jim Perdue Live (DVD)
In this three-hour presentation, legendary Texas trial lawyer Jim M. Perdue shows lawyers how to tell a powerful and motivating story to reach a winning verdict.
Copyright © 2007 - $49.00
More about this product Purchase this item

Winning with Stories: Using the Narrative to Persuade in Trials, Speeches & Lectures
By Jim M. Perdue
1 volume
Copyright © 2006, 601 Pages - $97.00
More about this product Purchase this item

SCOTUS: "2008 Annual Supreme Court Round Up 7-11-08" from the Federalist Society

2008-08-20T23:53:00-04:00

From the Federalist Society's Audio Blog is the following A/V:

2008 Annual Supreme Court Round Up 7-11-08

On July 11, 2008, former United States Solicitor General Theodore B. Olson delivered the Annual Supreme Court Round Up at the Mayflower Hotel in Washington, DC.

HUMOR: Legal Limerick Languished at End of Long Pleading

2008-08-19T11:44:00-04:00

Plaintiff has a great deal to say,
But it seems he skipped Rule 8(a),
His Complaint is too long,
Which renders it wrong,
Please re-write and re-file today.

This was the decision-ending limerick reminding us that in notice pleading will have a "field" day with non-notice pleadings. 465 page complaint sent back to draftsman. From Federal Civil Practice Bulletin.

Judge Condemns Prolix Pleading; Pens Limerick at the End of the Order

However, the flip side may not be so flippant in the following post from the same blog:

Ninth Circuit Vacates Dismissal of Civil Rights Complaint that Had Been Dismissed for Prolixity

Being unable to resist the temptation, I submit the following in support of my legal limerick laureate's label. I just had to say that for the "L" of it. [updated. revised it without noting changes.]

A pleading he filed said alot,
It said much more than it ought,
He wrote way too much,
Got the judicial bum's rush,
Methinks his case may be shot.

6th CIR: "6th Circuit: Tax Court Is Not a "Court" and Thus Lacks Power to Transfer Case to District Court"

2008-08-18T11:41:00-04:00

6th Circuit: Tax Court Is Not a "Court" and Thus Lacks Power to Transfer Case to District Court post found at Federal Civil Practice Bulletin.

TRIAL VIDEOS: Openings and Closings of Selected Noteworthy Kentucky Jury Trials are Now Available on-line compliments of TechnoEsq, Kentucky Law Blog, and Kentucky Trial Court Review

2008-08-17T01:09:15-04:00

With fewer and fewer trials occuring throughout the state, there are fewer and fewer opportunities for young lawyers to learn from the experience of others. Once upon a time carrying another's briefcase meant you got to at least watch the trial. Now it just means carrying a briefcase, and with a little luck attend mediation, a deposition, or a hearing.

The Internet allows you a mentor at your beck and call on your desktop. Trial videos of opening and closings of the more significant and noteworthy Kentucky cases are being developed and posted on the Internet for the benefit of others. Please check it out. Finis Price with www.TechnoEsq.com and Mike Stevens with www.KentuckyLawReview.com (a/k/a www.KentuckyLawBlog.com) have arranged to obtain the openings and closings of some significant jury trials from 2007.

This project was not insignificant in time, effort and energy to research and track down the cases, obtain the tapes and/or videos, and then convert (digitize) them to a format that could be accessed from your desktop.

Yes, I know this all "geek speak", but I am rather proud of this project and the efforts that Finis Price, Heather Price, and myself have put forth.

In addition, Kentucky Trial Court Review has permitted us to use their reports of the trials to give more detail and background to make the videos much more useful. If you try cases in Kentucky, then you know that their trial summaries and yearly reviews and analysis of Kentucky jury verdicts are essential to your practice.

The trial videos can be found at http://technoesq.com/trialvideos/.

Here's the announcement at TechnoEsq.com:

As promised, TechnoEsq and Kentucky Law Review have published TechnoEsq Trial Videos as a repository for trial videos of substantial court proceedings. These videos are provided for educational purposes and free of charge to view or download.

We’re also happy to announce that Kentucky Trial Court Review is making available the case synopsis for trial videos displayed on TechnoEsq Trial Videos. Kentucky Trial Court Review provides wonderful insight into the proceedings for every civil jury trial in Kentucky and we are grateful for their contribution. If you do not already subscribe to the KTCR, you’re missing out. Be sure to subscribe to their monthly publication.

Click here for all the trial videos.

Here are links to the most recent posts:

New Trial Videos - Powers v. Dr. Ally, et.al..
New Trial Video - Doug Morris in Maxwell v. Stone Container
New Trial Videos Page
*Update* Online Trial Videos
Ogburn v. McDonalds

ELSEWHERE: "IME Doctor's Financial Records"

2008-08-17T00:37:26-04:00

This area of contention and discovery has become relatively settled in Kentucky following the decision of Primm v. Isaac, 127 S.W.3d 630 (Ky.,2004), but it is interesting to see what is transpiring elsewhere. I found this post at the Trial Lawyers Resource Center Blog.

IME Doctor's Financial Records

The National Law Journal published a story last month on what is increasingly becoming a battle with defendants' lawyer in Maryland and apparently nationally over the terms and conditions of defense medical exams.” Accident lawyers in Maryland are beginning to realize that allowing the plaintiff to submit to an IME is a bargaining chip to require examining doctors to comply with their obligations to produce their relevant financial information.

You can find the entire National Law Journal article here which includes a quote from me.

LAW SCHOOLS: "Chase College of Law Northern Kentucky University Law Review Call for Papers (E-Discovery)"

2008-08-16T23:39:15-04:00

Found at Federal Civil Practice Bulletin:

Chase College of Law Northern Kentucky University Law Review Call for Papers (E-Discovery)

Chase College of Law’s Northern Kentucky University Law Review welcomes proposals of both articles and panel presentations for its spring 2009 symposium on E-discovery. The symposium will be held Saturday, February 28, 2009. CLE approval will be sought for Kentucky, Ohio and Indiana. Drafts of the articles would need to be submitted by January 1, 2009, with an expected publication date of spring 2009. Travel expenses for panelists will be covered. Please contact Associate Professor Jennifer Anglim Kreder at krederj1@nku.edu to apply. Applications are due by Friday, September 26, 2008.