Day on Torts

Some plaintiff’s lawyers are "givers" and others are "takers."   There are a fair number of givers, lawyers  who step up to the plate time and time again to help advance the cause of civil justice in this state and nation. Some give knowledge, some give time, some give money, and some give all of the above – and each of us is indebted to every single one of them.

On the other hand there are "takers."  These lawyers spend thousands of dollars every month advertising for clients but refuse to give money to support legislative efforts designed to support the rights of those clients. They are lawyers who make a good living representing plaintiffs but refuse to give time or money to support the state or national trial lawyers association. They are lawyers who constantly  talk about their big settlements and their big cases but somehow never have the ability to write a check to help the cause.  They are lawyers who ride around in $60,000 cars but refuse to give a political contribution to a pro-civil justice candidate. They are lawyers who seek the help of the association or its members when they are need, but turn away when asked to help. These men and women thrive off the efforts of others, giving nothing, taking whatever they can, and smiling all the way to the bank.

If you are a "giver," please keep giving. You already know that a rising tide lifts all boats and that our willingness to share advances the cause that we believe in with our heart and soul.   If you are fortunate enough to have earned a good income as a result of your hard work as a plaintiff’s lawyer, you should give serious consideration to support of AAJ through its Leaders Forum program.   Your money will be used to help inform the public about the critical role that trial attorneys play in holding wrongdoers accountable for their actions and thus assist in reframing the debate about the civil justice system.  The contribution is significant, a minimum of $1000 per month, but over 400 of the best lawyers and firms in the country  step up to the plate every month and give extraordinary support to AAJ.  You can sign up here.

The United States District Court for the Middle District of Tennessee has released a new administrative order concerning the use of laptops, cell phones and other electronic devices in the federal courthouses in the Middle District.

The devices have to go through the screening process and cannot be used in courtrooms without permission.  Laptops and electronic calendering devices can be used in the courtroom unless the presiding judge prohibits there use.

One more thing to think about before going to federal court.

From time to time, some lawyer undertakes an effort to educate other lawyers on how to conduct cross-examinations. Francis Wellman did so over 100 years ago in his excellent book, The Art of Cross-Examination. In my generation, Irving Younger’s Ten Commandments of Cross-Examination was treated by law professors as if it was handed down by the Almighty. Now, Ronald H. Clark, George R. Dekle, Sr. and William S. Bailey add to these excellent works with the Cross-Examination Handbook:  Persuasion Strategies and Techniques.

The book begins by quoting the words of Wellman, who aptly explained the challenge of cross-examination with these words:

Cross-examination … requires the greatest ingenuity; a habit of logical thought; clearness of perception in general; infinite patience and self control; power to read men’s minds intuitively, to judge their motives; ability to act with force and precision; a masterful knowledge of the subject matter itself; an extreme caution and, above all, the instinct to discover the weak points in the witness under examination.