Don't Describe the Plaintiff as the Victim
I just got back from the Southern Trial Lawyer’s Association Fall Retreat. Howard Nations reminded us not to ask the jury to ‘compensate the victim’. A large percentage of the jury thinks that the defendant is the victim! Regardless of how badly your client was injured and did nothing to contribute to the injury, the person that caused the injuries is the victim, because he’s being sued. Ah well.
And of course, by now we all know now not ask for a jury award. Award is too much like reward, as in ‘jackpot justice’ and ‘litigation lottery’ terms commonly used by people trying to coopt our legal system. (Reform is far too inappropriate a term for it).
The Retreat was at Atlantis on Paradise Island in the Bahamas. While there, I was the opening act at Jokers Wild, the comedy club at Atlantis on Friday and Saturday night. It was my first performance away from Myrtle Beach and a lot of fun. Pics are here.
