As seen in Law360’s “How Top Product Liability Defenders Sway Jurors”
Law360 reported on the difficulty facing product liability defenders as they pit faceless companies against plaintiffs such as wounded children, the elderly and the disabled. To adequately represent their clients, these defense trial lawyers must tear down corporate stereotypes, create a human face for the company and launch credible attacks on the plaintiff's case. Partner Pam Yates offered Law360 some counsel on how to do just that.
On relating to and engaging with jurors, Yates said, “It's also critical that the attorney's sympathy is genuine, consistent and believable. If the first time they hear a defense attorney express sympathy is during closing arguments, they're not going to find it particularly sincere.”
Yates also advised to choose your attacks wisely. “A major mistake that trial lawyers commonly make is failing to calibrate their attacks on witnesses. One of my pet peeves is when somebody just goes full bore no matter who the witness is, or what the issue is, or how critical the aggression level is. I think you're going to lose some people there…if you need to impeach them, there's a way of impeaching them, but it might not be the same way in which you impeach the expert witnesses."
Yates also said defense attorneys must take careful note of their demeanors over the course of trial, and measure it against the situation and the tone of testimony.
Also of Interest
- And Now A Word From The Panel: 3 Alternatives To MDLs September 28, 2016 • Articles
- Kaye Scholer Represents Investors in Volkswagen Diesel Emissions Litigation September 28, 2016 • Client Successes
- NLJ Names Shores as Antitrust Trailblazer September 27, 2016 • Recognitions
- Shape of Things to Come: Protecting Product Configuration and Packaging Design September 26, 2016 • Articles
- On the Road to a Safe and Secure Internet of Things: What Companies Should Do September 19, 2016 • Articles
- Druckenbrodt Quoted in Bloomberg on Volkswagen Dieselgate September 14, 2016 • Media Mentions
- Arbisser Featured in The Recorder and Law360... September 7, 2016 • Media Mentions
- Consumer Products: Adapting to Innovation Fall 2016 • Reports / Newsletters
- Kaye Scholer Secures Dismissal of Merger-Related Class Action Against Baltic Trading September 1, 2016 • Client Successes