Presentation on theme: "CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 West University Blvd. Georgetown, Texas 78681"— Presentation transcript:
CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 West University Blvd. Georgetown, Texas
DUTIES OF AN ATTORNEY Protect Client’s Legal Rights The “Art of powerful persuasion”, when presenting your client’s story.
HOW CASE ANALYSIS
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.
WHY IS CASE ANALYSIS IMPORTANT To WIN
WHEN DOES THE CASE ANALYSIS BEGIN At the beginning…..
WHAT MAKES A GOOD STORY Good stories are: Organized; Understandable; Interesting; Persuasive
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.
HOW DOES CASE ANLYSIS BEGIN Legal Theory Factual Theory Persuasive Theory
WHEN DOES CASE ANALYSIS END When you rest and close.
LEGAL THEORY- WHY THE LAW SAYS YOU WIN ELEMENTS OF THE LAW: Statutes Common Law Jury Instructions Includes defenses
LEGAL THEORIES EXERCISE In the Interest of Eva Pena, A Minor Temporary Custody by peace officer Miranda Issues Battery Assault Motion to Suppress
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.
FACTUAL THEORY What do your facts say? DON’T JUDGE THE FACTS, provided the facts make the material issue more or less likely.
“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”.
FACTS BRAINSTORM EXERCISE- List the facts FactsCategorizeRank 1. Eva is 12 years old.N/A 2. Eva is a foster child. N/A 3. Eva’s foster mother was also at police station. N/A 4. Eva corrected her statement. N/A 5. Eva was read her Miranda Warnings three times. N/A 6. Etc.N/A 7. Etc.N/A
CATEGORIZE FACTS EXERCISE Good Facts Bad Facts What do you do with these facts? Neutral Facts Rank Facts (You cannot use them all).
FACTS BRAINSTORM EXERCISE- List the facts FactsCategorizeRank 1. Eva is 12 years old.GoodN/A 2. Eva is a foster child. GoodN/A 3. Eva’s foster mother was also at police station. NeutralN/A 4. Eva corrected her statement. Good/BadN/A 5. Eva was read her Miranda Warnings three times. BadN/A 6. Etc.Good/BadN/A 7. Etc.GoodN/A
FACTS BRAINSTORM EXERCISE- Rank the facts FactsCategorizeRank 1. Eva is 12 years old.GoodGood Eva is a foster child. GoodGood-4 3. Eva’s foster mother was also at police station. NeutralNeutral-1 4. Eva corrected her statement. Good/BadGood-3/ Bad-1 5. Eva was read her Miranda Warnings three times. BadBad-2 6. Etc.Good/BadGood-1/ Bad-3 7. Etc.GoodGood-2
PROOF CHARTS EXERCISE What is the fact Which witness can get the fact in Anticipate objections What exhibit supports this fact Anticipate objections
PROOF CHARTS EXERCISE Fact/ElementProven By (Witness) Proven With (Exhibit) Matches theme Eva corrected her statement. EvaStatementYes
PERSUASIVE THEORY DEVELOP A STORY Why is this story different Why is this story important What do you highlight What do you omit
CHECK FOR GAPS If you leave gaps the trier of fact will fill them in for themselves.
THEME Facts + Law = “ OUTCOME”. The “Theme” is the story in which the OUTCOME is packaged.
THEME The THEME should be GLOBAL. Global enough to engage your trier of fact because your trier of fact can relate.
THEME The THEME should appeal to the MORAL COMPASS of the trier of fact.
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 ).
THEME PRIMACY AND RECENCY The THEME should be clear, concise and worked through at least THREE TIMES throughout your closing.
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.