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CASE ANALYSIS

CASE ANALYSIS. AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 West University Blvd. Georgetown, Texas 78681 stephanie@ledesma-law.com. DUTIES OF AN ATTORNEY. Protect Client’s Legal Rights

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CASE ANALYSIS

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  1. CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 West University Blvd. Georgetown, Texas 78681 stephanie@ledesma-law.com

  2. DUTIES OF AN ATTORNEY • Protect Client’s Legal Rights • The “Art of powerful persuasion”, when presenting your client’s story.

  3. HOW CASE ANALYSIS

  4. WHAT • Case Analysis is the process by which the attorney takes information and “packages” it in such a way that allows the attorney to “present” their client’s story.

  5. WHY IS CASE ANALYSIS IMPORTANT • To WIN

  6. WHEN DOES THE CASE ANALYSIS BEGIN • At the beginning…..

  7. WHAT MAKES A GOOD STORY • Good stories are: • Organized; • Understandable; • Interesting; • Persuasive

  8. WHY ARE STORIES IMPORTANT • We have listened to stories since childhood. • We are programmed to like a good story. • This is the best mode by which to delivery your client’s point of view about the same facts.

  9. HOW DOES CASE ANLYSIS BEGIN • Legal Theory • Factual Theory • Persuasive Theory

  10. WHEN DOES CASE ANALYSIS END When you rest and close.

  11. LEGAL THEORY- WHY THE LAW SAYS YOU WIN • ELEMENTS OF THE LAW: • Statutes • Common Law • Jury Instructions • Includes defenses

  12. ANYTHING ELSE • Don’t forget Affirmative Defenses.

  13. LEGAL THEORIES EXERCISEIn the Interest of Eva Pena, A Minor • Temporary Custody by peace officer • Miranda Issues • Battery • Assault • Motion to Suppress

  14. FOR EACH ELEMENT OF YOUR LEGAL THEORY… • Determine, what facts support your theme. • What facts detract from your theme. • Be prepared to change your theme if needed to fit your legal theory.

  15. FACTUAL THEORY • What do your facts say? • DON’T JUDGE THE FACTS, provided the facts make the material issue more or less likely.

  16. “JUST THE FACTS” • What do your facts say that support the elements of the legal theory. • Non-emotional. • ALL facts are to be considered and then later categorized as “good”, “bad” or “neutral”.

  17. FACTS BRAINSTORM EXERCISE-List the facts

  18. CATEGORIZE FACTS EXERCISE • Good Facts • Bad Facts • What do you do with these facts? • Neutral Facts • Rank Facts (You cannot use them all).

  19. FACTS BRAINSTORM EXERCISE-List the facts

  20. FACTS BRAINSTORM EXERCISE-Rank the facts

  21. PROOF CHARTS EXERCISE • What is the fact • Which witness can get the fact in • Anticipate objections • What exhibit supports this fact • Anticipate objections

  22. PROOF CHARTS EXERCISE

  23. PERSUASIVE THEORY • DEVELOP A STORY • Why is this story different • Why is this story important • What do you highlight • What do you omit

  24. CHECK FOR GAPS • If you leave gaps the trier of fact will fill them in for themselves.

  25. THEME • Facts + Law = “OUTCOME”. • The “Theme” is the story in which the OUTCOME is packaged.

  26. THEME • The THEME should be GLOBAL. • Global enough to engage your trier of fact because your trier of fact can relate.

  27. THEME • The THEME should appeal to the MORAL COMPASS of the trier of fact.

  28. THEME • The THEME should have an EMOTIONAL APPEAL. • Speak to that which moves the trier of fact, (which means during your closing you have to look at your fact finder; engage them).

  29. THEME • PRIMACY AND RECENCY • The THEME should be clear, concise and worked through at least THREE TIMES throughout your closing.

  30. END WITH A BANG… NOT A WHIMPER • Case analysis ends when you rest and close your case. • Represent your clients the way that you would want to be represented…MAKE IT MEMORABLE.

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