They came.  They saw.  They convened.

This past week in Charlotte, some 50,000 politicians, celebrities, reporters , lobbyists and protesters were in town for the 2012 Democratic National Convention.  By most accounts, the Convention did both the Democrats and the city of Charlotte a lot of good.

The Republicans had their big soiree in Tampa the week before, of course, and it may be that I am looking at this schedule like a trial attorney, but I think it’s been a HUGE advantage for the Democrats to go last.  In most civil trials, so powerful is the last argument that the best trial lawyers I know will often strategically maneuver to get it.

Under the Civil Procedure rules in North Carolina, the plaintiff usually gets the last chance to speak to the jury, BUT an exception occurs when the defendant chooses not to put on any evidence of its own.  I’ve seen many a trial where a wily defense counsel has chosen not to introduce evidence, even if it might be moderately helpful, in order to have the last word.

So from a strategic standpoint, much of the language from Time Warner Arena was a response to the assertions made in Tampa.

For me personally, the most informative and cogent speech was in many ways like a jury argument in and of itself.  Of course, I referring to President Clinton’s nominating speech on Wednesday evening (which I was fortunate to see live, albeit from the cheap seats).  Granted, this “jury argument” was in front 20,000 screaming Democrats, and broadcast to millions more, but that just makes his communication and persuasive techniques all the more remarkable.

It’s been said by more than one lawyer that often the best persuasion is simply education.  Point out the favorable facts. Compare them with the unfavorable facts of the opposing view. Preview what’s coming; summarize what you’ve said.  Rather than telling jurors what to conclude, lead them to a conclusion that THEY can make.

UPDATE  Thurs 9.27.2012 –

Earlier this month, I sent out one my periodic newsletters LEGAL TRENDS, ODDS & ENDS, with a lot of these same thoughts…check it out.

And just yesterday I sent out my periodic newsletter MEDIATION MINUTE to various insurers, plaintiff attorneys and defense counsel sharing some of these same thoughts, and how they might relate to opening presentations at mediations.  Again, just click to check it out.

When a client (or someone looking for legal help on a website asks whether is “normal” to have certain pains after a wreck, it’s important NOT to give medical advice!

I received an Interesting query from someone on AVVO on whether it was “normal” to start feeling right leg pain and right should pain after a sideswipe wreck.  FWIW, here was my “no, but” lawyer-like answer…

>>Let me first answer your question by not answering it — because I am NOT a doctor!
What I can tell you is that in my 27 years of doing this, I’ve seen hundreds of cases similar to yours, and NO it’s not unusual for different pain to develop in different places in the days following the trauma. But that DOESN’T mean that your injury is “normal” for you or like everybody else’s because only a healthcare professional can competently advise you about that, not a lawyer.

The reason I recommend an examination for folks who are feeling the way you are is because in NC (and every other jurisdiction as far as I know) neither you nor I nor the passengers in your vehicle etc. can testify that the wreck was the cause of your symptoms. You need an medical expert that can render an opinion regarding the source of your pain, and that the treatment you received was reasonable and necessary because of the wreck. Thus, it is very important that you get the treatment that you need, and that a professional document your condition.

NEVER should anyone seek treatment they don’t really need, nor try to run up a claim by running up bills. It’s unethical and could be criminal. However, it IS vitally important that you get the treatment you need and that a competent health provider see you for evaluation, and that you document your injuries.

And just like a lawyer can’t tell you what therapy or medicine you might need, so cannot a physician help you evaluate your legal claim. Go see an attorney who is experienced and competent in this area. Most will see you on this type of claim without charging you a consultation fee (but you should confirm that up front).

Good luck to you and I hope you heal soon.<<

236 years ago tomorrow…

Earlier this morning, we sent out our firm’s annual Fourth of July e-newsletter. Hope you will give it a quick look, and most of all, I hope you’ll accept my invitation to read or listen to The Declaration of Independence (takes about 8 or 9 minutes) during your holiday. Happy #236, America!!!
http://archive.constantcontact.com/fs020/1102622079585/archive/1110335692942.html