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Case Framing

Case Framing. By Mark S. Mandell Providence, Rhode Island. Case Framing. A complete and comprehensive structure encompassing all that occurs in discovery and at trial 2. Just verdicts result when everything presented at trial is framed and sequenced to focus juror

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Case Framing

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  1. Case Framing By Mark S. Mandell Providence, Rhode Island

  2. Case Framing • A complete and comprehensive structure encompassing all that occurs in discovery and at trial 2. Just verdicts result when everything presented at trial is framed and sequenced to focus juror attention on the points you most want to make. 3. A case is about what you focus it on.

  3. Case Framing • Case Framing identifies the three key building blocks that lead to a just verdict • Case Frames • I Just Can’t Get Over Issues • Echoes

  4. Case Framing • Case Frames • Overall Case Frame • The universal truth that defines the essence of what has happened in your case and why. 2.Secondary Case Frames

  5. Case Framing • I Just Can’t Get Over Issues • Issues that jurors just can’t get over will decide how they vote for a verdict • They exist as to liability, causation and damages

  6. Case Framing • Echoes • Reverberation of the meaning of our Good I Just Can’t Get Over issues • Two Functions

  7. Case Framing 8. These 3 building blocks should be framed and sequenced so that they support and reinforce each other • They do their best work together

  8. Case Framing 9. Case Framing teaches how to present Case Frames, I Just Can’t Get Over Issues and Echoes by identifying the: • The content to put forward • How to frame that content • How to sequence it as well 10. The content we present at Trial • Traditional content • Who presents it • Who is it presented to

  9. Case Framing 11. The need to Frame Content? • Framing explains why what happened, happened • Framing, explains the inexplicable • Framing changes how facts and issues are perceived • Framing allows us to describe what has factually happened at its deepest, most accurate level

  10. Case Framing • How to Frame Content • Framing involves creating a series of filters through which all that happens at trial is seen, heard, sensed and interpreted • Use of I Just Can’t Get Over Issues • Use of Echoes

  11. Case Framing • Examples: • Frame Relationships • Frame Defendant • Frame Plaintiff • Frame the harm and its affect on Plaintiff’s most important relationships • Frame by speaking in the present tense • Frame by “bonding”

  12. Case Framing • Framing content includes Re-Framing the defense proof 1. Deconstructing • Defense Frames • Defense I Just Can’t Get Over issues • Defense Echoes • Defense Narrative 2. Examples: • Reframing exhibits • Reframing defense experts

  13. Case Framing Sequencing 13. The need to Sequence the Framed Content • Case Framing recognizes the profound impact that sequencing of our proof has at trial • Proper sequencing reinforces the frame • A chronological order of proof may not help. It may be harmful.

  14. Case Framing Sequencing • How to Sequence the Framed Content • Your key good I just can’t get over issue should be presented first throughout trial • First in opening statement • First in direct and cross-examination • It likely will not be what happened first in time

  15. Case Framing Sequencing • You need to start with your strongest good issue regardless of where it falls in the timeline of events that occurred • Case is about what you focus it on • Need to place early and sustained focus on the points you most want to make

  16. Case Framing Sequencing • Sequencing of I Just Can’t Get Over Issues • Opening Statement • Each witness • Closing argument – use of questions • Sequencing of witnesses • Your first witness should be your • Most objective witness (lay and/or expert) • That most supports your key good I Just Can’t Get Over Issues • Do not be a slave to chronology

  17. Case Framing Sequencing • Sequencing of exhibits • Sequencing of powerful evidence • Sequencing in a Dram Shop case • Sequencing in a surgical negligence case

  18. Case Framing 14. Framing the Trial Process • We need to frame the process that the jury is engaged in at trial • How to relate to the jury • How to describe what the jury is doing • How can we tell that what we are doing is what we should be doing?

  19. Case Framing 15. Framing Justice • What is Justice? • Rules of Civil Procedure and of Evidence • Motions in Limine

  20. Case Framing 16. We need to be creative and not blindly follow conventional teaching • Urban legend/myths • Educated jurors • Calling the Defendant first • Asking open-ended questions during cross exam

  21. Case Framing • Case Framing works best when it is used in a consciously coordinated and disciplined way. • Use same sequences of IJCGO issues throughout trial • No negative adjectives or adverbs • Framing relationships • A disciplined, deliberate and concentrated focus is important

  22. Overall Case Frame • The fundamental principle that gives meaning to our case. • It has factual relevance to the case. • It has virtually universal application in society. • It is a universally applicable or virtually universally applicable truth.

  23. Overall Case Frame • It is the irrefutable reality of your case that cannot be overcome. • It dominates all other proofs at trial. • It is the filter through which all that follows is interpreted. • Case frame explains why what happened happened.

  24. Examples of Overall Case Frames • Wrongful accusation • Know your limits • Everyone needs to do their job • Betrayal • Second chance • Personal responsibility

  25. Examples of Overall Case Frames • Shared responsibility • Profits over safety – Greed • Need for protection • Speed kills • Timing • Assembly Line Medicine

  26. Examples of Overall Case Frames • Lack of Preparation • A loving mother would never do that • Cover up • Turned a blind eye to… • Abuse of power • Control

  27. Examples of Overall Case Frames • Actions speak louder than words • Better safe than sorry • Value of a handshake • Defendant cared about the wrong things • Inevitability of the Harm

  28. Case Frames • Secondary Case Frames • Can be multiple case frames with only one Defendant

  29. Multiple Defendants • Can be one universal case frame • Can be one case frame for each Defendant • Can be both

  30. I Just Can’t Get Over Issues • What are IJCGO issues? • How to identify IJCGO issues: • Characteristics • Senseless conduct • Venal conduct • Personal to Defendant • Personal to Plaintiff • Personal to Jury • Need to involve jurors universally and individually

  31. I Just Can’t Get Over Issues • Depositions • Focus Groups • How to identify a key I Just Can’t Get Over issue. • I Just Can’t Get Over issues and Safety Rules. • Examples of I Just Can’t Get Over issues: • I Just Can’t Get Over liability issues. • I Just Can’t Get Over damages issues.

  32. I Just Can’t Get Over Issues • When should I Just Can’t Get Over issues be presented to the jury? • The importance of early presented evidence • The importance of sequencing • Sequencing of witnesses • Sequencing of exhibits • Availability heuristic • Confirmation heuristic

  33. I Just Can’t Get Over Issues 5. When should IJCGO issues be presented to the jury? • Belief Perseverance heuristic • Hindsight heuristic • Emotional blunting • Priming 6. When you can’t use a good IJCGO issue.

  34. Finding the Right Case Frame • Identify I Just Can’t Get Over issues good and bad for your case • Analyze how the I Just Can’t Get Over issues good for your case relate to each other • Observe during trial which I Just Can’t Get Over issues have been admitted into evidence and presented to the jury • Analyze what true meaning resides in these issues collectively throughout the case and at the close of all evidence

  35. When to First Present Your Overall Case Frame • At the beginning of closing argument • The I Just Can’t Get Over issues good for you will carry your case proof until that time • Why wait until closing argument?

  36. How to Present Your Overall Case Frame • Directly and succinctly • Then immediately explain the public policy that supports the overall case frame • Explain how the case frame enhances safety

  37. Case Narrative • What is a Case Narrative? • The right Case Narrative reaches deep into each person and strikes a responsive chord • How does it relate to an Overall Case Frame? • The need to deconstruct the Defense Narrative

  38. How to Overcome Bad IJCGO Issues/How to Deconstruct the Defense Narrative • Good IJCGO Issues • Case Frames • Plaintiffs’ Case Narrative • Focus groups • Motions in Limine

  39. How to Overcome Bad IJCGO Issues/How to Deconstruct the Defense Narrative • Other pre-trial motions • Waiving claims • Voir dire • Motions during trial • Objections during trial

  40. How to Overcome Bad IJCGO Issues/How to Deconstruct the Defense Narrative • Inoculations • Cross examination regarding Bad IJCGO Issues • Creating Echoes • Jury Instructions • Jury Empowerment

  41. Echoes • What are echoes? • Why are they needed? • How do we create echoes? • Echoes are not a mere repetition of words • It is the meaning of the IJCGO issue that is echoed.

  42. Creating Echoes • Frame everything/plasticity • Frame relationships • Plaintiffs

  43. Creating Echoes – Frame Relationships

  44. Creating Echoes • Frame everything/plasticity • Frame relationships • Plaintiffs • Defendants • Loss of a loved one • Frame exhibits • Demonstrative exhibits

  45. Creating EchoesDemonstrative Evidence Frame Disabilities and Impairments

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