To effectively represent a client, a lawyer must try to understand the client's perspective and experiences. This means empathizing with the client by imagining themselves in the client's situation and worldview. By doing this, the lawyer can understand how the facts of the case were experienced by the client. While challenging, taking this empathetic approach is crucial to helping others understand and care about the client, and to presenting the client as a human being rather than just "the defendant" in the eyes of the jury.
This document discusses how juries make decisions. It begins by debunking the myth that juries objectively accumulate facts and apply the law linearly. Instead, studies show juries make decisions with their hearts and then rationalize their decision based on their feelings about the case. The document notes that juries care most about determining right from wrong and their top fear is convicting an innocent person. It argues that effective trial lawyers must make the jury like and feel sympathy for their client, as facts about the crime are less important.
This document discusses techniques for questioning witnesses as a director prepares scenes in a play. It provides an example of Harry Potter discovering his ability to speak to snakes at the zoo. The key points are:
1) Directors/lawyers should understand the purpose/objective of each witness/scene to know what information is needed and what questions will draw it out.
2) Identifying the purpose is like finding the path through the forest - it leads the actor/lawyer and helps the jury understand the story from their perspective.
3) Directors/lawyers should consider what happened right before the witness/scene to inform their questions. Asking too many questions risks damaging testimony.
The document discusses empowering a jury to find a defendant named Michael not guilty. It argues that while Michael may have used poor judgment, that does not make him guilty of any crimes. Michael is an innocent man whose false statement has convinced others of his guilt. The document urges the jury to say "no" and find Michael not guilty, as only they have the power to do so. It advises lawyers to tell the jury in their opening and closing statements what verdict they want - in this case, for Michael to be able to leave with his son after being found not guilty.
The document discusses several eye-catching statistics related to communication and emotion, including that people make 90% of their decisions based on emotions, 93% of communication is non-verbal, and the tone, syntax and inflection of speech reveals more than the words themselves. It also contains quotes emphasizing the importance of emotion in communication from Maya Angelou and Sanford Meisner.
Actors recognize the importance of disengaging from intense roles to maintain well-being. Lawyers handling emotional cases similarly require disengagement to avoid stress. Actors use rituals like yoga or vocal exercises to shift out of character; lawyers should adopt such practices to disengage from intense legal work. Maintaining facades in life prevents constant vulnerability as required in art, and one cannot live as openly as they create without harm. Disengaging practices help actors and lawyers alike avoid being constantly wounded by their work.
The document discusses various topics related to the courtroom including the mind of the jury, different views of the courtroom, the American jury system, and statistics. It emphasizes taking a step-by-step approach to mastering courtroom techniques, focusing on just a few at a time to avoid feeling overwhelmed. The final sections discuss the importance of experiential learning and preparation, and share a quote about the wisdom that can be learned from dogs by openly expressing wants and needs for love.
This document discusses techniques for developing a character's objectives and motivations in acting. It explains that a character should have a "driving question" about how they can achieve their objective, phrased as a question to the other character. The actor also chooses an "emotional core" and "inner actions" to pursue their objective secretly, along with "outer tactics" for how they reveal their actions. It provides an example of a lawyer cross-examining a witness in a way that exposes her true motivation for testifying, which is to avoid a long prison sentence and be there for her children.
To effectively represent a client, a lawyer must try to understand the client's perspective and experiences. This means empathizing with the client by imagining themselves in the client's situation and worldview. By doing this, the lawyer can understand how the facts of the case were experienced by the client. While challenging, taking this empathetic approach is crucial to helping others understand and care about the client, and to presenting the client as a human being rather than just "the defendant" in the eyes of the jury.
This document discusses how juries make decisions. It begins by debunking the myth that juries objectively accumulate facts and apply the law linearly. Instead, studies show juries make decisions with their hearts and then rationalize their decision based on their feelings about the case. The document notes that juries care most about determining right from wrong and their top fear is convicting an innocent person. It argues that effective trial lawyers must make the jury like and feel sympathy for their client, as facts about the crime are less important.
This document discusses techniques for questioning witnesses as a director prepares scenes in a play. It provides an example of Harry Potter discovering his ability to speak to snakes at the zoo. The key points are:
1) Directors/lawyers should understand the purpose/objective of each witness/scene to know what information is needed and what questions will draw it out.
2) Identifying the purpose is like finding the path through the forest - it leads the actor/lawyer and helps the jury understand the story from their perspective.
3) Directors/lawyers should consider what happened right before the witness/scene to inform their questions. Asking too many questions risks damaging testimony.
The document discusses empowering a jury to find a defendant named Michael not guilty. It argues that while Michael may have used poor judgment, that does not make him guilty of any crimes. Michael is an innocent man whose false statement has convinced others of his guilt. The document urges the jury to say "no" and find Michael not guilty, as only they have the power to do so. It advises lawyers to tell the jury in their opening and closing statements what verdict they want - in this case, for Michael to be able to leave with his son after being found not guilty.
The document discusses several eye-catching statistics related to communication and emotion, including that people make 90% of their decisions based on emotions, 93% of communication is non-verbal, and the tone, syntax and inflection of speech reveals more than the words themselves. It also contains quotes emphasizing the importance of emotion in communication from Maya Angelou and Sanford Meisner.
Actors recognize the importance of disengaging from intense roles to maintain well-being. Lawyers handling emotional cases similarly require disengagement to avoid stress. Actors use rituals like yoga or vocal exercises to shift out of character; lawyers should adopt such practices to disengage from intense legal work. Maintaining facades in life prevents constant vulnerability as required in art, and one cannot live as openly as they create without harm. Disengaging practices help actors and lawyers alike avoid being constantly wounded by their work.
The document discusses various topics related to the courtroom including the mind of the jury, different views of the courtroom, the American jury system, and statistics. It emphasizes taking a step-by-step approach to mastering courtroom techniques, focusing on just a few at a time to avoid feeling overwhelmed. The final sections discuss the importance of experiential learning and preparation, and share a quote about the wisdom that can be learned from dogs by openly expressing wants and needs for love.
This document discusses techniques for developing a character's objectives and motivations in acting. It explains that a character should have a "driving question" about how they can achieve their objective, phrased as a question to the other character. The actor also chooses an "emotional core" and "inner actions" to pursue their objective secretly, along with "outer tactics" for how they reveal their actions. It provides an example of a lawyer cross-examining a witness in a way that exposes her true motivation for testifying, which is to avoid a long prison sentence and be there for her children.
This document provides guidance on crafting an effective opening statement by treating it as a story. It discusses key principles of storytelling that should be applied, such as setting the stage, engaging the senses, and coordinating the opening with the closing argument. An effective opening statement predisposes jurors to one side by establishing a tentative conclusion and filtering the evidence accordingly. It emphasizes finding an emotional core and theme for the case that appeals to universal human emotions. Developing a clear theory and theme that jurors can relate to is vital for an impactful opening.
Actors create emotions through techniques developed by Stanislavsky, such as emotional memory, which involves remembering a personal experience to relate to the emotional requirements of a role. However, some argue relying too heavily on real trauma is unhealthy. Alternative methods focus on imagination rather than personal experiences. Highly realistic acting, as in Hayden Christensen's emotional performance in Star Wars, involves the actor finding essence of the emotion within themselves and marrying their emotions with the character. This allows actors to genuinely express emotions that deeply resonate with audiences.
This document discusses getting off the "Ferris wheel of perfection" and becoming more comfortable with imperfection. It notes that society is obsessed with perfection, but perfection is not real. The author discusses how they used to obsess over using the perfect words but realized jurors responded better to speeches that were more real and honest, even if imperfect. It encourages allowing discomfort and tensions, like Winston Churchill did with his "black dog" of sadness, rather than suppressing imperfect emotions.
This document outlines various tools and techniques for becoming a better storyteller in the courtroom. It discusses developing vocal presence and body language skills. It also provides tips for overcoming psychological barriers like focusing on authenticity and concentration. Specific techniques include opening statements as stories, using emphasis and impact devices, embracing fear and movement in the courtroom. The overall message is that lawyers can improve their skills by drawing on acting techniques to connect with juries through their voice, body, and presence.
The document discusses how movement in the courtroom can be planned and intentional like other aspects of a trial presentation, such as opening and closing statements. It notes that natural, fluid movement is important to avoid coming across as artificial. The document makes connections between common language involving movement and actual physical movements, and advises trial lawyers to think of the courtroom from the juror's point of view when planning movements, using specific positions and areas to emphasize important points. Downstage right and downstage left positions are discussed as ways to convey intimacy, importance, and humor. Lawyers are advised to make purposeful movements between positions for effect and ensure all jurors are included.
This document discusses the importance of energy and physical presence for lawyers in the courtroom. It notes that a lawyer occupies space and their energy level will impact interest from the other side. It cites Michael Chekhov's statement that an actor is "dead" without being alive on stage. The document defines energy as the life force that moves the body. It emphasizes that a lawyer's body is their front line of expression and gives clues about who they are. It stresses the importance of alignment between a lawyer's body language and words to maintain credibility with the jury.
This document discusses overcoming psychological barriers by changing one's mindset. It notes that we can be our own worst critics and doubt ourselves, fearing we are uninteresting or lack talent. Rejection can shatter confidence, yet we erect psychic walls to avoid emotional pain like rejection or humiliation. These walls prevent us from achieving our potential, as living freely takes more courage than staying safely behind these barriers, never fully living at all.
An actor must cultivate concentration as it is their most essential skill. Concentration allows an actor to focus their attention wherever and whenever needed, whether on stage or off, and remain focused with a specific intention. Just as an Olympic runner or first responder must remain intensely focused in high-pressure moments, actors and litigators must also master concentration to take control of unpredictable situations.
Storytelling is a powerful tool for persuasion in the legal system. It allows lawyers to (1) address jurors who come from varied backgrounds and perspectives with a single narrative framework, (2) help jurors make sense of complex evidence presented out of order by suggesting an organizing story, and (3) humanize clients to jurors to gain empathy and avoid judgment based solely on the facts of the alleged crime. Effective legal storytelling requires tapping into jurors' natural instinct to understand information narratively.
The document discusses breaking the "fourth wall" in theater, where actors acknowledge the audience, and applies it to trial law. It argues lawyers should view juries as participants in a reconstructed reality of events, not just spectators. By allowing juries to make discoveries and drawing them into sharing this imaginary world, trials can come alive for them in new engaging ways, with juries feeling like they witnessed events even if they were reconstructed through testimony. This unconventional approach can be unsettling for lawyers used to control but encourages more involvement from juries.
Evidential issues are questions of law. By ruling on motions and objections, the judge determines what evidence may be presented to and considered by the jury. Judges apply the rules of evidence to determine whether to admit or exclude physical evidence, oral testimony, and exhibits. Once admitted, the jury decides how much weight to afford the evidence.
The rules of evidence permit only that which is deemed relevant and trustworthy to be received by the jury.
This presentation will provide you with a comprehensive review of the rules of evidence that come up most frequently. With memorable hypotheticals to trigger fast recall, you'll be able to think fast on your feet and use the rules to your advantage, both before and during trial.
This document discusses the importance of storytelling in the courtroom. It begins with a personal story of the author's experience with fear and vulnerability during a closing argument. It then discusses how storytelling is a powerful persuasive tool that taps into human nature. Effective trial advocacy requires presenting a compelling narrative framework for the jury to interpret the evidence. Without a story, the jury may judge the client only on the bare facts of the alleged crime. Storytelling helps the jury empathize with the client and leaves them understanding why the client acted as they did. It elevates the credibility of the attorney. To be effective trial lawyers, we must embrace storytelling techniques.
Course Description
If you own or manage a business that uses independent contractors, you need to know when you can or cannot treat a worker as an independent contractor. This presentation answers some of the common questions about worker classification.
INTRODUCTION
Misclassification of employees as independent contractors is now a common phrase uttered by state and federal legislators and regulators. State task forces have been formed to crack down on businesses that do not pay unemployment insurance and workers’ compensation premiums or withhold taxes for workers whom the state believes are employees and not independent contractors.
In one of the climactic scenes from 1954’s On The Waterfront, Crime Commission prosecutors had to make their corruption case against union boss Johnny Friendly (a/k/a Michael Skelly) by convincing a reticent yet pure-hearted Terry Malloy to come forward and tell what he knew about corruption in the International Longshoremen’s Association, beginning with the murder of Joey Doyle, because an underling insisted that “we were robbed last night and can’t find no books.”
If that same case came up in 21st Century tax court, Eva Marie Saint and Karl Malden could’ve stayed at home rather than serving as Marlon Brando’s cheering section, because government prosecutors could reconstruct the ILA’s income, based on the records retention requirements in Section 6500 et seq.
In other words, the conventional wisdom that only divine beings can create something out of nothing does not apply in income tax evasion cases. Is it enough for the government to pull a metaphorical rabbit out of a metaphorical hat, or are there some additional requirements?
The document outlines a 5-step bullet proof checklist for challenging a search or seizure under the Fourth Amendment: 1) Is there a state actor? 2) Does the defendant have standing? 3) Did the search implicate a person, place, paper or effect? 4) Did the search constitute a search under the Fourth Amendment? 5) Was the search reasonable or did a valid exception apply? It discusses factors for each step such as whether a private search was really a government search, what gives a defendant standing, what constitutes a search, the warrant requirements and exceptions, and rules for warrant execution.
The document discusses the "Word Repetition Exercise", an acting technique developed by Sanford Meisner. The exercise trains actors to truly listen and observe their scene partner by repeating back anything their partner says to them verbatim, changing only the pronoun. This builds the skills of listening, observing subtle changes, and responding instinctually without thinking. The repetition can organically change when one actor shares an honest response, has a reaction to the accumulation of words, expresses their point of view, or responds to a change in their partner's behavior. Actors are encouraged to fully commit, follow their impulses without censoring themselves, and truly connect with their partner.
This multi-step summary outlines the process for determining rights and obligations in a contractual agreement. Step 1 examines if there is a present assignment and if it is valid. Step 2 looks at if the assignment alters the original agreement. Step 3 checks for revocation of the assignment. Step 4 establishes who has rights if the assignment is valid. Step 5
In this presentation, I walk you through a fictitious contracts fact pattern identifying all of the issues along the way and applying the rule of law to the facts in order to demonstrate how a judge would rule.
This document discusses defenses to getting out of a contract you don't want to be in. It outlines four categories of defenses: (1) those centered on the form of the bargain, (2) those based on a party's lack of capacity, (3) those regarding the content of the bargain, and (4) those arising from unfair tactics used during bargaining. Within each category, it provides examples of specific defenses like the statute of frauds or mental incapacity, and explains how they can preclude contract formation or make obligations voidable. The document aims to identify potential defenses that could allow one to avoid contractual duties.
This document provides guidance on how to draft an airtight contract. It discusses the key elements needed to establish a legally binding agreement, including offer, acceptance, clear terms, and ensuring the offer is still open when acceptance is made. The document outlines the steps to analyze a contract for these elements: 1) identifying an offer, 2) confirming the offer was still open when accepted, and 3) checking for a valid acceptance. It emphasizes applying an objective standard to determine the parties' intent and reasonable expectations based on the words and actions used.
The document provides an overview of contract law fundamentals, including the requirements for forming a valid contract. It discusses the key steps in analyzing a contract scenario: 1) determining if there was an offer, 2) if the offer was still outstanding when acceptance was attempted, and 3) if there was a valid acceptance or defective acceptance. The document also covers important concepts like offer requirements, acceptance methods, exceptions to the "mirror image" rule of acceptance, and how contracts are formed in different communication contexts.
This document provides guidance on crafting an effective opening statement by treating it as a story. It discusses key principles of storytelling that should be applied, such as setting the stage, engaging the senses, and coordinating the opening with the closing argument. An effective opening statement predisposes jurors to one side by establishing a tentative conclusion and filtering the evidence accordingly. It emphasizes finding an emotional core and theme for the case that appeals to universal human emotions. Developing a clear theory and theme that jurors can relate to is vital for an impactful opening.
Actors create emotions through techniques developed by Stanislavsky, such as emotional memory, which involves remembering a personal experience to relate to the emotional requirements of a role. However, some argue relying too heavily on real trauma is unhealthy. Alternative methods focus on imagination rather than personal experiences. Highly realistic acting, as in Hayden Christensen's emotional performance in Star Wars, involves the actor finding essence of the emotion within themselves and marrying their emotions with the character. This allows actors to genuinely express emotions that deeply resonate with audiences.
This document discusses getting off the "Ferris wheel of perfection" and becoming more comfortable with imperfection. It notes that society is obsessed with perfection, but perfection is not real. The author discusses how they used to obsess over using the perfect words but realized jurors responded better to speeches that were more real and honest, even if imperfect. It encourages allowing discomfort and tensions, like Winston Churchill did with his "black dog" of sadness, rather than suppressing imperfect emotions.
This document outlines various tools and techniques for becoming a better storyteller in the courtroom. It discusses developing vocal presence and body language skills. It also provides tips for overcoming psychological barriers like focusing on authenticity and concentration. Specific techniques include opening statements as stories, using emphasis and impact devices, embracing fear and movement in the courtroom. The overall message is that lawyers can improve their skills by drawing on acting techniques to connect with juries through their voice, body, and presence.
The document discusses how movement in the courtroom can be planned and intentional like other aspects of a trial presentation, such as opening and closing statements. It notes that natural, fluid movement is important to avoid coming across as artificial. The document makes connections between common language involving movement and actual physical movements, and advises trial lawyers to think of the courtroom from the juror's point of view when planning movements, using specific positions and areas to emphasize important points. Downstage right and downstage left positions are discussed as ways to convey intimacy, importance, and humor. Lawyers are advised to make purposeful movements between positions for effect and ensure all jurors are included.
This document discusses the importance of energy and physical presence for lawyers in the courtroom. It notes that a lawyer occupies space and their energy level will impact interest from the other side. It cites Michael Chekhov's statement that an actor is "dead" without being alive on stage. The document defines energy as the life force that moves the body. It emphasizes that a lawyer's body is their front line of expression and gives clues about who they are. It stresses the importance of alignment between a lawyer's body language and words to maintain credibility with the jury.
This document discusses overcoming psychological barriers by changing one's mindset. It notes that we can be our own worst critics and doubt ourselves, fearing we are uninteresting or lack talent. Rejection can shatter confidence, yet we erect psychic walls to avoid emotional pain like rejection or humiliation. These walls prevent us from achieving our potential, as living freely takes more courage than staying safely behind these barriers, never fully living at all.
An actor must cultivate concentration as it is their most essential skill. Concentration allows an actor to focus their attention wherever and whenever needed, whether on stage or off, and remain focused with a specific intention. Just as an Olympic runner or first responder must remain intensely focused in high-pressure moments, actors and litigators must also master concentration to take control of unpredictable situations.
Storytelling is a powerful tool for persuasion in the legal system. It allows lawyers to (1) address jurors who come from varied backgrounds and perspectives with a single narrative framework, (2) help jurors make sense of complex evidence presented out of order by suggesting an organizing story, and (3) humanize clients to jurors to gain empathy and avoid judgment based solely on the facts of the alleged crime. Effective legal storytelling requires tapping into jurors' natural instinct to understand information narratively.
The document discusses breaking the "fourth wall" in theater, where actors acknowledge the audience, and applies it to trial law. It argues lawyers should view juries as participants in a reconstructed reality of events, not just spectators. By allowing juries to make discoveries and drawing them into sharing this imaginary world, trials can come alive for them in new engaging ways, with juries feeling like they witnessed events even if they were reconstructed through testimony. This unconventional approach can be unsettling for lawyers used to control but encourages more involvement from juries.
Evidential issues are questions of law. By ruling on motions and objections, the judge determines what evidence may be presented to and considered by the jury. Judges apply the rules of evidence to determine whether to admit or exclude physical evidence, oral testimony, and exhibits. Once admitted, the jury decides how much weight to afford the evidence.
The rules of evidence permit only that which is deemed relevant and trustworthy to be received by the jury.
This presentation will provide you with a comprehensive review of the rules of evidence that come up most frequently. With memorable hypotheticals to trigger fast recall, you'll be able to think fast on your feet and use the rules to your advantage, both before and during trial.
This document discusses the importance of storytelling in the courtroom. It begins with a personal story of the author's experience with fear and vulnerability during a closing argument. It then discusses how storytelling is a powerful persuasive tool that taps into human nature. Effective trial advocacy requires presenting a compelling narrative framework for the jury to interpret the evidence. Without a story, the jury may judge the client only on the bare facts of the alleged crime. Storytelling helps the jury empathize with the client and leaves them understanding why the client acted as they did. It elevates the credibility of the attorney. To be effective trial lawyers, we must embrace storytelling techniques.
Course Description
If you own or manage a business that uses independent contractors, you need to know when you can or cannot treat a worker as an independent contractor. This presentation answers some of the common questions about worker classification.
INTRODUCTION
Misclassification of employees as independent contractors is now a common phrase uttered by state and federal legislators and regulators. State task forces have been formed to crack down on businesses that do not pay unemployment insurance and workers’ compensation premiums or withhold taxes for workers whom the state believes are employees and not independent contractors.
In one of the climactic scenes from 1954’s On The Waterfront, Crime Commission prosecutors had to make their corruption case against union boss Johnny Friendly (a/k/a Michael Skelly) by convincing a reticent yet pure-hearted Terry Malloy to come forward and tell what he knew about corruption in the International Longshoremen’s Association, beginning with the murder of Joey Doyle, because an underling insisted that “we were robbed last night and can’t find no books.”
If that same case came up in 21st Century tax court, Eva Marie Saint and Karl Malden could’ve stayed at home rather than serving as Marlon Brando’s cheering section, because government prosecutors could reconstruct the ILA’s income, based on the records retention requirements in Section 6500 et seq.
In other words, the conventional wisdom that only divine beings can create something out of nothing does not apply in income tax evasion cases. Is it enough for the government to pull a metaphorical rabbit out of a metaphorical hat, or are there some additional requirements?
The document outlines a 5-step bullet proof checklist for challenging a search or seizure under the Fourth Amendment: 1) Is there a state actor? 2) Does the defendant have standing? 3) Did the search implicate a person, place, paper or effect? 4) Did the search constitute a search under the Fourth Amendment? 5) Was the search reasonable or did a valid exception apply? It discusses factors for each step such as whether a private search was really a government search, what gives a defendant standing, what constitutes a search, the warrant requirements and exceptions, and rules for warrant execution.
The document discusses the "Word Repetition Exercise", an acting technique developed by Sanford Meisner. The exercise trains actors to truly listen and observe their scene partner by repeating back anything their partner says to them verbatim, changing only the pronoun. This builds the skills of listening, observing subtle changes, and responding instinctually without thinking. The repetition can organically change when one actor shares an honest response, has a reaction to the accumulation of words, expresses their point of view, or responds to a change in their partner's behavior. Actors are encouraged to fully commit, follow their impulses without censoring themselves, and truly connect with their partner.
This multi-step summary outlines the process for determining rights and obligations in a contractual agreement. Step 1 examines if there is a present assignment and if it is valid. Step 2 looks at if the assignment alters the original agreement. Step 3 checks for revocation of the assignment. Step 4 establishes who has rights if the assignment is valid. Step 5
In this presentation, I walk you through a fictitious contracts fact pattern identifying all of the issues along the way and applying the rule of law to the facts in order to demonstrate how a judge would rule.
This document discusses defenses to getting out of a contract you don't want to be in. It outlines four categories of defenses: (1) those centered on the form of the bargain, (2) those based on a party's lack of capacity, (3) those regarding the content of the bargain, and (4) those arising from unfair tactics used during bargaining. Within each category, it provides examples of specific defenses like the statute of frauds or mental incapacity, and explains how they can preclude contract formation or make obligations voidable. The document aims to identify potential defenses that could allow one to avoid contractual duties.
This document provides guidance on how to draft an airtight contract. It discusses the key elements needed to establish a legally binding agreement, including offer, acceptance, clear terms, and ensuring the offer is still open when acceptance is made. The document outlines the steps to analyze a contract for these elements: 1) identifying an offer, 2) confirming the offer was still open when accepted, and 3) checking for a valid acceptance. It emphasizes applying an objective standard to determine the parties' intent and reasonable expectations based on the words and actions used.
The document provides an overview of contract law fundamentals, including the requirements for forming a valid contract. It discusses the key steps in analyzing a contract scenario: 1) determining if there was an offer, 2) if the offer was still outstanding when acceptance was attempted, and 3) if there was a valid acceptance or defective acceptance. The document also covers important concepts like offer requirements, acceptance methods, exceptions to the "mirror image" rule of acceptance, and how contracts are formed in different communication contexts.
This document discusses the "chapter method" of cross-examination. It defines a chapter as a series of leading questions designed to accomplish a specific goal, such as proving a fact, undermining credibility, or supporting one's theory of the case. The chapter method divides complex cases or topics into understandable parts for the jury through organizing questions into "chapters" focused on related facts. It allows the cross-examiner to control what topics are discussed and present the best evidence in a clear, compelling way to help the jury reach conclusions favorable to the cross-examiner's case. Developing effective chapters requires thoroughly analyzing facts to identify the most important topics and issues, and crafting narrow, fact-based questions for each chapter
The document outlines the anatomy of a civil tax controversy process between a taxpayer and the IRS. It discusses the following key steps:
1. The IRS conducts a tax audit to ensure accurate tax reporting. All tax returns are subject to audit.
2. If the audit finds a deficiency, the taxpayer receives a "30-day letter" and can request an appeals conference or do nothing.
3. If no agreement is reached in appeals or the taxpayer ignores the letter, a "90-day letter" is sent requiring payment or a tax court petition within 90 days.
4. If the taxpayer petitions tax court, the case may be settled or proceed to trial and potential appeals. If not,
This document discusses employment taxes and the trust fund recovery penalty (TFRP). It begins by explaining trust fund taxes, which are taxes that employers are required to withhold from employee wages, such as income taxes and the employee portion of Social Security and Medicare taxes. These withheld taxes are considered funds held in trust for the government. The TFRP is a penalty that can be assessed against individuals within an employer's organization who are responsible for ensuring these trust fund taxes are paid over to the IRS but willfully fail to do so. The document outlines the key elements the IRS examines to determine if someone is liable for the TFRP, such as if they had sufficient control over the employer's financial decisions. It also discusses
This document discusses the importance of empathy for clients in the legal system. It provides several tips for demonstrating care and humanizing clients, such as using their name instead of "defendant," making eye contact, and finding personal connections to the case. Requesting curative instructions is discouraged as it may draw more attention to prejudicial information. Overall, the document emphasizes that caring is essential to ask jurors to care, and explores how defense attorneys can maintain empathy even for those accused of serious crimes.
The document discusses how lawyers should prepare opening and closing statements like actors prepare for roles. It recommends starting with the closing statement and brainstorming the facts needed to make the desired arguments. Lawyers are advised to memorize statements neutrally without emphasis so they can respond authentically to the jury. Thorough rehearsal is important to get comfortable with the material and allow spontaneity. Simplicity is key rather than overpreparing emotions. The goal is to achieve a state of "public solitude" and focus on the jury.
This document discusses the importance of openly revealing feelings. It notes that suppressing feelings leads to an unfulfilling life and potential health issues. Actors and lawyers are encouraged to be vulnerable and express genuine emotions to build credibility and connect with others. The document cautions against exaggerating emotions and provides tips on allowing real feelings to emerge naturally. Overall, it argues that openly sharing one's authentic feelings is empowering and helps one live more fully.
The document discusses overcoming consciousness of self in acting. It states that when actors focus inward on themselves, their performances become exaggerated and inauthentic. It recommends actors focus their attention outward onto an "acting object" like a scene partner, in order to get out of their heads and lose self-consciousness. By becoming fully immersed and concentrating on the acting object, actors no longer have attention left over to observe and judge themselves, allowing their true performances to emerge.
The document discusses the importance of authenticity and being true to oneself. It provides examples of how hiding one's true self can be inauthentic and deprive others of a person's unique qualities. The document encourages lawyers to bring their authentic selves to the courtroom and not be afraid to show their true personalities.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. Parting Words
• Several years ago, I had the unique
opportunity of training under the late Donald
Fiedler, a legendary criminal defense attorney
in his own right who was also an actor. He
shared with me a story that has inspired me
throughout my career.
2. Parting Words
• It came from a play written by Gerald Uelman,
entitled, “Bryan.” The play explores the life of
William Jennings Bryan, Clarence Darrow’s
adversary in the Scopes Monkey Trial. In the
play, there is a scene when William discovers
the magic he has over audiences. William told
his beloved wife his secret:
3. Parting Words
• “ … Mary, last night I found I have power over
an audience. I can move them as I please. It
was an incredible feeling. The whole room was
focused on me, waiting for my next word. I
spoke from my heart, and realized my
audience was listening with their hearts.
Knowing what is in a person’s heart gives you
enormous power. It is a power that can move
people and inspire them.”
4. Parting Words
• Just as William recognized the power
that he had over his audience when he
spoke from his heart, a trial lawyer who
is not afraid to be emotionally vulnerable
possesses that very same power over a
jury.
7. Advice to those wanting to try out
acting
Acting is NOT a spectator sport. Preparation and
“learning by doing” are critical elements of
honing this craft.