|
 |
Experienced attorneys are increasingly aware that many of their cases involve a core theme which manifests as a specific trial focus in the courtroom. This core case theme is a sub-text that exists like an undercurrent, flowing beneath the surface of the entire lawsuit, just below anyone 's direct view. Dr. Yamins is a psychiatrist, with more than twenty-five years of litigation consulting experience, who employs a distinctive, successful, readily applicable and cost effective method for defining and addressing a case's specific core theme and its related courtroom dynamics. This is applicable to all the major phases of a trial, especially in connection with jury selection during voir dire, witness preparation, direct and cross examination, opening statements and closing arguments. Dr. Yamins makes four key points about the core theme of a case and its associated trial focus. First, when a core theme is operative in a trial, it impacts everyone in the courtroom - whether or not they realize it - including the attorneys on both sides, the judge, all the witnesses, the media, and most pertinently, the jury. This means that everyone involved will inevitably resonate one way or another with this trial theme, depending upon their own personal proclivities. Second, since the core courtroom dynamic affects everyone, it greatly influences the outcome of the case. It inevitably shapes the reactions, thinking, analysis and judgement about the case of all the participants. Third, identification of the core trial theme, and actual specific application of this knowledge at particular crucial points in a case, are readily achievable. Fourth, it is necessary for an attorney to deliberately and adequately address the central courtroom dynamic. Failure to do so can cause an opposite effect; leaving an attorney to resonate, unknowingly, with the underlying core trial theme in ways that are completely adverse to his entire case. Successful trial attorneys undoubtedly have an intuitive idea about the core theme for their case. Frequently, however, the role and specific application of the main courtroom dynamic remains vague and not clearly formulated. Consequently, attorneys tend to incorporate their intuitions in an impromptu and unsystematic fashion, often at important junctures in the trial. The impact of such efforts is often blunted, and sometimes, even detrimental to their case. Obtaining a more fully realized and more prepared understanding of how the case's core theme actually translates into the primary trial focus in the courtroom is essential. Dr. Yamins' method helps attorneys make very deliberate, systematic, comprehensive and forceful use of their knowledge of a trial's core theme. It significantly sharpens the attorney's perspective, preparing him to deliver his most formidable case in the courtroom. Dr. Yamins' trial consulting service has proven appropriate to the full range of litigation, from the most modest cases, to large scale actions. As mentioned, Dr. Yamins' method can be used throughout an entire trial, or readily adapted to any particular portion of the proceeding - including, initial motions, jury profiling, jury selection at voir dire, witness preparation, opening statements, direct and cross examination, dealing with the opposition's lawyers, working with the judge, and closing arguments. Dr. Yamins' method does not lead a litigator into a more involved and complicated undertaking. Instead, it helps the attorney gain fuller, more streamlined control over his entire case. Many attorneys can learn to incorporate this method as a permanent part of their own armamentarium after using it a few times. Dr. Yamins is COURTSCIENCE's principal. His litigation consulting service helps attorneys to do better and more persuasively what they already do best. |
