TRIAL AND SCRIPT WRITING

Blake Snyder has written a book titled  Save the Cat. It deals with script writing which ties into brief writing, themes and trial structuring. Here are just a few of his thoughts about this which you might consider regarding your next case or trial. By the way, we  are still in trial so I have limited time for  this blog right now.

  • concentrate  on writing one sentence. One line because if you can learn how to tell me “what is it?” better, faster, and with more creativity, you’ll keep me interested. If you can’t get to the heart of the story and  less than 10 min. no one will listen. In Hollywood it’s called a log line  or a one line.
  • A  perfect log line must include an adjective to describe the hero, an      adjective to describe the bad guy and a compelling goal we identify with  as human beings. The hero must offer the most conflict, have the longest  way to go emotionally and is the most demographically pleasing.
  • Try test marketing. Road testing your log line is important. Pitch it to anyone who will stand still even while in line at Starbucks as well as with friends and strangers.
  • As producers listen to the pitch for a movie they want to hear a version of “it’s a story about a guy who….” Who is this about?
  • once you have the hero, the motivation for the hero to succeed must be a basic  one. It must involve a primal urge. A primal urges get our attention.  Survival, hunger, sex, protection of loved ones and fear of death. The perfect hero is the one who offers the most conflict in the situation, has   the longest emotional journey, and has a primal goal we can all root for.  It must be primal of enough to answer the question would a caveman  understand? You need to connect with the audience at a basic level. Some  examples of primal drives are: the desire to save one’s family – Diehard. The desire to protect one’s home – Home alone. The desire to find a mate –  Sleepless in Seattle. The desire to exact revenge – Gladiator. The desire  to survive – Titanic.
  • The rule of thumb is to stick to the basics no matter what. Tell me a story about a guy who I can identify with. I can learn from. I have a compelling  reason to follow. I believe deserves to win and has stakes that are primal and ring true for me. But cast and concept are the starting point of  getting any movie made. What’s it about? And who is in it? Are the first two questions any moviegoer asks.
  • Somewhere in the first 5 min. of a well structured screenplay someone (usually not   the main character) will pose a question or make a statement that is the  theme of the movie. This statement is the movies thematic premise.
  • the  hero has to do something when we meet him so that we like him and want him to win. While you don’t have to have the hero save a cat in every scene or  help an old lady across the street to make us love him you must make the audience in sync with your main character and your story. You must takethe time to frame the hero situation in a way that makes us root for him  no matter who we is what he does.
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Copyright 2013 Plaintiff Trial Lawyer Tips

SOME THOUGHTS AND ADVICE ABOUT LIFE

We are still in our jury trial in Seattle which doesn’t leave much time to keep this blog as current as  I would like. But, this week I’d like to share some thoughts about how we view life as trial lawyers. Some of this directly does  apply to trying cases and some of it is general advice about our attitudes about life.

The late Ann Landers printed these “tips for life” one time in her advice column:

1.         When you say I’m sorry, look the person in the eye.

2.         Love deeply and passionately. You might get hurt, but it’s the only way to live life completely.

3.         Call your mom

4.         Smile when picking up the phone. The caller will hear it in your voice.

5.         Remember silence is sometimes the best answer

6.         When you have an argument with someone close to you, deal with the current situation and don’t bring up the past.

7.         Never interrupt when you are being complimented

8.         Mind your own business

9.         Trust in God, but lock your door

10.       When you know you are wrong, take immediate steps to fix it.

Alexander Chalmers, the Scottish writer, has said “The three grand essentials of happiness are:  Something to do, someone to love and something to hope for.” Bill Cosby was quoted as saying: “I cannot give you the formula for success, but I can give you the formula for failure – try to please everybody.”

William Van Hooser gave his rule for long life as “Life’s a dance. Take it one step at a time and keep listening for the music.”

When two rodeo cowboys from Twin Bridges, Montana were asked about their rule of life they said “There’s only about three things that’s really most important. Be honest, do your best and like what you’re doing. And get up as good as winner as you are a loser.” They were talking about rodeo, but the advice is good for  all of  us.

As someone has said, “do what you enjoy, what you’re best at and life will let you find a way to succeed.”

Now here’s a quote that I think does apply to trying cases. Christian D. Larson said “Promise yourself to be so strong that nothing can disturb your peace of mind; to talk health happiness and prosperity; to forget the mistakes of the past and profit by them; to wear a cheerful countenance and give a smile to everyone you meet; to be too large for worry, too noble for anger, too strong for fear and too happy to permit the presence of trouble.”

It’s been pointed out that life is like an hour glass. Only one grain of sand can pass at a time. When you are so busy you are flying in all directions remember that each of the tasks need to be dealt with one at a time and not all at once. That’s a good idea for us to remember when we have so many issues to deal with at the same  time.

Another set  of ideas I think we should consider are: Live with enthusiasim. Dance like nobody is watching. Work like you don’t need the money and love like you have never been hurt.

Well that’s all I have time for. I hope something here is helpful. Thanks for reading this blog.

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Copyright 2013 Plaintiff Trial Lawyer Tips

DIRECT EXAM OF TREATING DOCTOR

We are still in trial so I have limited time to share with you  this week, but here is a simple outline I used during the trial for a treating doctor. I’ve omitted a lot  of references to the hospital records and  exhibits I used  during the examination.  I revised a portion of it to make it appropriate for sharing.  Also, this  is for  a  physician who first  saw the plaintiff in  the hospital.

DIRECT EXAM OF  TREATING DOCTOR

WHY WITNESS  (Note: The first question in the juror’s mind is: who is this and why are they being called as a witness? So, I like to get that fact out first) 

  1. ROLE
  2. HERE TO EXPLAIN
  3. “REASONABLE MEDICAL CERTAINTY” DEFINED

(Note: if  you don’t instruct the witness about the standard of  proof in the beginning you need to keep repeating the phrase every time you ask a medical opinion)

QUALIFICATIONS 

1.         NAME – PROFESSIONAL ADDRESS

2.         PROFESSION/SPECIALITY

3.         EDUCATION

(1)        BOARD CERTIFICATION

4.         PROFESIONAL EXPERIENCE

5.         QUALIFICATIONS -See bio

EXAMINATION OF PLAINTIFF

1.         WHEN/CIRCUMSTANCES

HISTORY 

  1. HISTORY OBTAINED? HOW?
  2. SEE ADMITTING HOSPITAL RECORD 

PHYSICIAL EXAMINATION

1.         FINDINGS

E.         DIAGNOSIS

1.         WHAT?  WHAT BASIS?

HOSPITAL CARE

  1. REVIW HIGHLIGHTS    

(1)        Ex 21 p. 16 photo

  1. PROCEDURES DONE SUMMARY:

(1)        See Ex 82

PRESENT CONDITION

1.         LAST EXAM – CONCLUSIONS

            (1)        SEE HOSPITAL DISCHARGE Ex 27 p. 38

PROGNOSIS

1.         PERMANENT INJURIES? 

2.         ABILITY TO WALK  

3.         LIFE LONG CARE

4.         VENTILATOR

4.         EFFECT IN FUTURE

(1)         DISABILITY

(2)        DISFIGUREMENT

(3)        PHYSICAL PAIN

(4)        MENTAL PAIN

(5)        LOSS OF ENJOYMENT OF LIFE

3.         FUTURE TREATMENT REQUIRED?

(1)        NATURE

4.         LIFE EXPECTANCY IMPACTED?

CAUSATION

1.         MECHANICS OF HOW ACCIDENT CAUSES THESE INJURIES

2.         PROXIMATE CAUSE OF INJURY: REASONABLE PROBABILITY

BILLS

           1.         HAVE REVIEWED?

 2.         IN YOUR OPINION THESE WERE MEDICALLY NECESSARY AS A RESULT OF HER INJURIES FROM THE FIRE?

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