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Moderated by: Eugene Felton, Jr., Esq.

I. Actual Facts Matter

II. Damages

III. Venue

IV. Reputation of Defendant

V. Reputation of Plaintiff

VI. Costs of Litigation

VII. Immunity Issues

Screening for Successful Excessive Force Case -

Attorney Eugene Felton 2

“…a private attorney general, vindicating a policy that Congress considered of the highest priority…”

Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978) – (Supreme Court explaining the rationale for awarding attorney’s fees to prevailing plaintiffs)



The defendant’s conduct “must be so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”

Martin v. North American Van Lines, 226 GaApp. 187, 190 (1997).



Damages should be a serious personal injury or death.

Caveat: When liability is extraordinarily great.



Federal Court vs State Court

Screening for Successful Excessive Force Case –




Does the law enforcement agency have a history of brutality, misconduct, shootings or other civil rights violations?



1. What is the plaintiff’s criminal history?

2. What was the plaintiff doing that actually led to his encounter with the police?

3. What is the likelihood that the plaintiff would re-offend?



Will you and your law firm be up to the task of advancing litigation costs?

“The defense of qualified immunity requires courts to enter judgment in favor of a government employee unless the employee’s conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.”

Morse v. Frederick, 551 U.S. 393, 429 (2007).



Eugene Felton, Jr., Esq.

RELATING TO AND CONDITIONING THE JURY THROUGH THE VOIR DIRE

PROCESSMatthew E. Cook

Cook Law Group, LLC

Gainesville, Georgia

VOIR DIRE: FORUM AND FORMAT

• State or Federal

• Federal Court

• Determine bounds

• Ask for More

• Written Questionnaire

STATE AND SUPERIOR COURT

• Educate the Court • Bench Briefs on Scope of Voir Dire, Format and Strikes for Cause

• Protect Your Client(s)• Always have Voir Dire Taken Down by the Court Reporter

INDIVIDUALLY, BY THE DOZEN, THE WHOLE VENIRE OR A HYBRID

• Individual Voir Dire• Close observation of each potential juror• Reduces risk of spoiling entire panel• Time consuming – risks turning off some jurors

• By the Dozen• Statutory Right O.C.G.A. §§ 15-12-122, -123 • Repetitive, Time Consuming

• Entire Panel• Efficient• Group Dynamics• Less Interaction

WHEN AND WHERE DO I START VOIR DIRE?

• Because it’s Critical, Preparation Begins Day 1

• Formulate Around the Issues and Carefully Order Your Presentation

• Chapters

FIRST IMPRESSIONS – BE CAREFUL

• Summary statement

• Credibility

• Framing the issue

WRONGFUL DEATH CASES

ISSUES AND QUESTIONS

• This Loss• EMTs, Police, Fire or Witness

• Horror of Death• Ever witness someone’s death

• Ever spend the last few minutes with someone

• Value of Life• Do Paychecks Define Your Worth

DEFENSES – RACIAL BIAS AND CAUSATION

“RACE” ISSUES

• If Present, Must be Addressed

• Directly

• Indirectly• Batson Challenges

• Assumption of the Risk – Divided Liability


• Establish the Core Values• Perseverance

• Family

• Honesty

• Injustice

• Do you have friends, employees like my client?

• Can you judge my clients on their own merit?

DRUG AND ALCOHOL CASES

• Credibility• Relapses

• Desperation

• Excuses• Decisions and choices

• Actions speak louder than words

LOW SPEED/SOFT TISSUE CASES


• Causation• Does your training allow you to dispute it

• Serious injury• What have you suffered

• Lifetime of problems

• Pain• Chronic pain

• Multiple procedures

ATTITUDES, LEANINGS AND BIAS

• Keep ‘em talking• Who feels more like Juror Smith?

• Who agrees/disagrees with this Statement?

• Follow Up on Cause

WHAT JURORS WILL THINK OF YOU

• You Will be Judged

• Maintain Your Credibility

• Do Not Try to Ingratiate Yourself

PEREMPTORY STRIKES

• 6 per side• Defendants with Common Interests Share 6 Peremptory Strikes

• Focus on first 24 Jurors (excluding those struck for cause)• 1 minute per strike

• Consider What Order You Will Use Strikes

1 Fried Rogers Goldberg LLC www.thetruckingattorneys.comFRG

Ethical Issues in Personal Injury CasesMichael L. Goldberg, Esq.

[email protected] Rogers Goldberg LLC

Atlanta, Georgia

http://www.gp.com/consumerproducts/dixie.html





Telephone Call #1

I was badly injured in anaccident with a Fedex truck.I already have a lawyer buthe is doing a terrible job,and I want to fire him.






Telephone Call #2

I was badly injured in anaccident with a Coca-Colatruck. My wife and I arelooking for an attorney.






Telephone Call #3

I was badly injured in anaccident. I was driving andmy brother was in thepassenger seat. He was hurtalso. We are looking for anattorney.






Telephone Call #4

Myself and my twobrothers were sitting at alight and were suddenlyrearended by a BMW. Wewere all hurt. We are lookingfor an attorney.






Telephone Call #5

My child was killed in anauto accident. My husbandwas driving the car. Weneed an attorney.






Telephone Call #6

My child was killed in anauto accident. I am divorcedbut my ex-husband, and Iwant to use the samelawyer. Can you help us?






Scenario #8

My client has beenoffered $50,000 to settle hiscase but refuses to settle.His case is worth less than$50,000. He says I am hislawyer, and I have to takehis case to trial.






Scenario #9

I received a call fromsomeone who was injured inan accident but it involvesan area of law that I am notexperienced in. Can I sharefees with another lawyer onthis case?






Scenario #10

I have settled a case fora client, and I am about todisburse the money to theclient, does the client haveto sign anything?






E-Mail Me

[email protected]





moderated by: eugene felton, jr., esq. › membership › cle › upload › 9952_ppts...we were all...

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