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Stephanie Smith Ledesma. MA, JD, CWLS

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1 Stephanie Smith Ledesma. MA, JD, CWLS
CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 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 HOW CASE ANALYSIS 1st step to creating a powerful and story is 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. What is case analysis

5 WHY IS CASE ANALYSIS IMPORTANT
To WIN Why 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 Theory Factual Theory Persuasive Theory Each 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: Statutes Common Law Jury Instructions Includes defenses What is the legal theory? How do you determine why the law says you should win…. LOOK AT THE LAW.

12 ANYTHING ELSE Don’t forget Affirmative Defenses.

13 LEGAL THEORIES EXERCISE In 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. 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
Categorize Rank 1. Eva is 12 years old. N/A 2. 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 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
Categorize Rank 1. Eva is 12 years old. Good N/A 2. Eva is a foster child. 3. Eva’s foster mother was also at police station. Neutral 4. Eva corrected her statement. Good/Bad 5. Eva was read her Miranda Warnings three times. Bad 6. Etc. 7. Etc.

20 FACTS BRAINSTORM EXERCISE- Rank the facts
Categorize Rank 1. Eva is 12 years old. Good Good- 5 2. Eva is a foster child. Good-4 3. Eva’s foster mother was also at police station. Neutral Neutral-1 4. Eva corrected her statement. Good/Bad Good-3/ Bad-1 5. Eva was read her Miranda Warnings three times. Bad Bad-2 6. Etc. Good-1/ Bad-3 7. Etc. Good-2

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

22 PROOF CHARTS EXERCISE Fact/Element Proven By (Witness) Proven With
(Exhibit) Matches theme Eva corrected her statement. Eva Statement Yes

23 PERSUASIVE THEORY DEVELOP A STORY Why is this story different
Why is this story important What do you highlight What do you omit If you don’t fill the gaps, the jury will do so Do you need to tell the jury what happened in Wrigley home before the shooting? YES

24 CHECK FOR GAPS If 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 THEME The 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


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