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Optimism alone can lead to dismal failure...

The Stockdale Paradox 1. Stay firm in your belief that you will prevail in the end; 2. Confront the brutal facts around you. Optimism alone can lead to dismal failure. “We’re the good guys” is not enough. How The Mighty Fail p. 148. Bias is out there. “Life is 80% Emotion and 20% Intellect”.

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Optimism alone can lead to dismal failure...

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  1. The Stockdale Paradox1.Stay firm in your belief that you will prevail in the end;2. Confront the brutal facts around you.

  2. Optimism alone can lead to dismal failure...

  3. “We’re the good guys”is not enough... How The Mighty Fail p. 148

  4. Bias is out there...

  5. “Life is 80% Emotion and 20% Intellect” • Frank Luntz - Political Strategist

  6. Is that true for jurors??? Let’s watch this real juror in a real trial....

  7. Is this juror using his intellect in prejudging the case during VD? Or his emotions and values?

  8. Life is a comedy to those who think - and a tragedy to those who feel....Jean de la Bruyere 17th century French moralist What side of the tragedy was that juror on?

  9. Your next jury will be stocked with more “feeling” people than “thinking” people...

  10. Will we frame the tragedy for them? Or, at the end of the day, will they create one for us?

  11. The Lawyers Paradox:We, as logical thinkers, often present a case as if the jury was composed of 12 more logical thinkers.

  12. But we know that people vote their values - over their own self interests and intellect

  13. During Voir Dire we must connect with - and then own - the jurors’ values that will accommodate and set up the tragedy... What are those values?

  14. Juror Values • Common Sense • Personal & Professional Responsibility • Accountability • Rule of Law (Jury Instrxns) These values are the Alpha and the Omega of your trial...

  15. The Alpha: How do we connect with, lock in, and own these values during Voir Dire? • Mr. Jones, what are your responsibilities at the factory • What is the purpose of that manual at your factory? • What happens if you don’t follow it? • What ab/ the entire manual? Important? (The Trucking Co. Safety Manual) (The Jury Instrxns - line by line)

  16. Setting up the closing in voir dire The Omega:The jury instructions are now your manual and they REQUIRE attention to these important elements of the law of losses and damages. This is what makes the law  fair and reasonable within the realm of human experience - because it addresses ALL of the human losses - all of which are important and valuable - or they’d not be there.

  17. The Tragedy -The Story

  18. OUR JOB AS LAWYERS:

  19. To present a fact-neutral values-based story, which at the very least will not offend and at the very best will be consistent with the values of those who have entered the jury box holding pre-sets against us.To present a fact-neutral values-based story, which at the very least will not offend and at the very best will be consistent with the values of those who have entered the jury box holding pre-sets against us.

  20. Trial is Story

  21. Story is Drama

  22. Drama is Conflict

  23. Fact-Neutrals • Drive the Story • Story is values - based • The Values = Juror Feelings/Values/Emotions

  24. When done properly: • Drama is Created. • Conflict is achieved. • The Story is Framed • And it should be a tragedy to those who feel...

  25. In your case, at what point in time do your jurors start putting together their story?

  26. “I’m trying to put together a story here, which might not be the right thing for me to be doing right now......”

  27. Right or Wrong, Good or Bad - - - they are putting their stories together during your Voir Dire...

  28. It’s our job to introduce them to the values of the story - by way of themselves - through their own personal/professional experiences. The jurors are the stars of the show during VD. Please let them shine...

  29. Voir Dire:Setting Up the Tragedy

  30. Tragedy happens when • Behaviors • offend Juror Values

  31. Your fact-neutral values-based story must recognize and focus on those Juror Values

  32. Where was that Juror’s story going?

  33. “we’re just humans”“everybody makes mistakes”(hey, stuff happens)

  34. Bias IS out there...

  35. Good News:With the help of primacy, you can set the values of the case during voir dire and own them through the trial! Values are the Alpha and Omega of your trial...

  36. How is that done in a your case???

  37. These ALL correlate to Mr. Smith’s responsibilities at the plant and Mrs. Jones’ responsibilities at the factory... Develop them as early as possible.

  38. Introduce, cultivate, and process these values during your voir dire

  39. Voir Dire cannot be planned or conducted in a vacuum...

  40. A trial is ALL Values ALL the time

  41. PD as System (in nearly any case.....) A Homing Device... Where I am? Why am I here? Where am I going?

  42. Show PDF from Desktop

  43. All “SYSTEMS” have: • 1. persons • 2. purpose • 3. equipment

  44. PD as “System” • Goal = Generating $$$ • by providing service or product • w/ a values-based purpose

  45. PD “Persons” • POs • Dispatchers • Support personnel

  46. PD “Purpose” = Values-Based : • Safety of general public • Serving needs of Community • Safety of Driving Public

  47. PD Equipment • Cars, cams, etc... • Breathalyzer Equip • Warrants

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