Presentation on theme: "Stephanie Smith Ledesma. MA, JD, CWLS"— Presentation transcript:
1 Stephanie Smith Ledesma. MA, JD, CWLS CASE ANALYSISANATTORNEY’SDUTYStephanie Smith Ledesma. MA, JD, CWLSThe Ledesma Law Firm401 West University Blvd.Georgetown, Texas 78681
2 DUTIES OF AN ATTORNEY Protect Client’s Legal Rights The “Art of powerful persuasion”, when presenting your client’s story.Protecting rights through the art of story telling…but it is not just story telling
3 HOWCASE ANALYSIS1st step to creating a powerful and story is case analysis.
4 WHATCase 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.What is case analysis
5 WHY IS CASE ANALYSIS IMPORTANT To WINWhy is case analysis important
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 TheoryFactual TheoryPersuasive TheoryEach case has three theories.
10 WHEN DOES CASE ANALYSIS END When you rest and close.For each witness, for each exhibit for each phase you will analyze the legal theory; the factual theory and your persuasive theory…. If it does not support your client’s story, then you do not use it.
11 LEGAL THEORY- WHY THE LAW SAYS YOU WIN ELEMENTS OF THE LAW:StatutesCommon LawJury InstructionsIncludes defensesWhat is the legal theory?How do you determine why the law says you should win…. LOOK AT THE LAW.
13 LEGAL THEORIES EXERCISE In the Interest of Eva Pena, A Minor Temporary Custody by peace officerMiranda IssuesBatteryAssaultMotion 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.Why the facts so you should win.
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”.Must analyze your facts to ensure the facts support your legal theory.
17 FACTS BRAINSTORM EXERCISE- List the facts CategorizeRank1. Eva is 12 years old.N/A2. Eva is a foster child.3. Eva’s foster mother was also at police station.4. Eva corrected her statement.5. Eva was read her Miranda Warnings three times.6. Etc.7. Etc.
18 CATEGORIZE FACTS EXERCISE Good FactsBad FactsWhat do you do with these facts?Neutral FactsRank Facts (You cannot use them all).
19 FACTS BRAINSTORM EXERCISE- List the facts CategorizeRank1. Eva is 12 years old.GoodN/A2. Eva is a foster child.3. Eva’s foster mother was also at police station.Neutral4. Eva corrected her statement.Good/Bad5. Eva was read her Miranda Warnings three times.Bad6. Etc.7. Etc.
20 FACTS BRAINSTORM EXERCISE- Rank the facts CategorizeRank1. Eva is 12 years old.GoodGood- 52. Eva is a foster child.Good-43. Eva’s foster mother was also at police station.NeutralNeutral-14. Eva corrected her statement.Good/BadGood-3/ Bad-15. Eva was read her Miranda Warnings three times.BadBad-26. Etc.Good-1/ Bad-37. Etc.Good-2
21 PROOF CHARTS EXERCISE What is the fact Which witness can get the fact inAnticipate objectionsWhat exhibit supports this fact
22 PROOF CHARTS EXERCISE Fact/Element Proven By (Witness) Proven With (Exhibit)Matches themeEva corrected her statement.EvaStatementYes
23 PERSUASIVE THEORY DEVELOP A STORY Why is this story different Why is this story importantWhat do you highlightWhat do you omitIf you don’t fill the gaps, the jury will do soDo you need to tell the jury what happened in Wrigley home before the shooting? YES
24 CHECK FOR GAPSIf you leave gaps the trier of fact will fill them in for themselves.Choose an image that will immediately make a point with the jury
25 THEME Facts + Law = “OUTCOME”. The “Theme” is the story in which the OUTCOME is packaged.Choose an image that will immediately make a point with the jury
26 THEME The THEME should be GLOBAL. Global enough to engage your trier of fact because your trier of fact can relate.Choose an image that will immediately make a point with the jury
27 THEMEThe THEME should appeal to the MORAL COMPASS of the trier of fact.Choose an image that will immediately make a point with the jury
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).Choose an image that will immediately make a point with the jury
29 THEME PRIMACY AND RECENCY The THEME should be clear, concise and worked through at least THREE TIMES throughout your closing.Choose an image that will immediately make a point with the jury
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.Choose an image that will immediately make a point with the jury