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CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 West University Blvd. Georgetown, Texas 78681

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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:

1 CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401 West University Blvd. Georgetown, Texas

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 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.

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 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

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 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

20 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

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 Fact/ElementProven By (Witness) Proven With (Exhibit) Matches theme Eva corrected her statement. EvaStatementYes

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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