Donna’s new book is here!
“
leadership. That requires that you recog- nize and respect what is going on with the horse and its needs. You cannot force it or manipulate it. If you try to do so, you will go home with a bad ride and a big bruise to your body and your ego. The same is true of obtaining your goals in jury selection. Abuse the process, and you will proceed to trial with a poor jury that will garner a bad result for your client and a huge bruise to your ego. Like horsemanship, jury selection is
not about “control.” It’s about “con- sciousness.” To be conscious is to be pres- ent in the moment, attentive to what is being communicated and how it is being communicated; it is about being curious about the process while being committed to obtaining the best outcome possible, not focused solely on the prize.2 I’ve had many learning experiences
with horses and like my learning experi- ences with juries over the last three decades, while they may have occasionally been painful, they’ve always been challenging and rewarding and I’m grateful for them. Perhaps one day we’ll run into one
another in court, at a deposition or at a legal function and you can share some of your learnings with me. For now, happy trails.
Cynthia McGuinn has represented
plaintiffs in catastrophic injury, wrongful death, product liability and, professional- negligence matters for over 30 years. She spe- cializes in jury trial work and often consults with and tries cases for attorneys with matters going to trial. A partner in the San Francisco firm of Rouda, Feder, Tietjen & McGuinn, McGuinn was a 2003 San Francisco Trial Lawyer of the Year and has been recognized annually as one of the “Top 50 Woman Litigators” in California since 2005. In 2011 she received the American Board of Trial Advocates Masters in Trial Award for her work in teaching trial skills to attorneys.
Endnotes: 1
Voir Dire, An Art in Search of Science? Author: Vicky Campana 2009 citing Bernstein, C. (2008). Voir Dire: Getting Jurors to Talk.
2
“Steadfast: A Communication Practice”
www.rockroseinsti-
tute.org
Los Angeles, Orange, Ventura, Santa Barbara, San Luis Obispo, Kern Counties
R.A. CARRINGTON
www.CaliforniaNeutrals.org
BUSINESS EMPLOYMENT INSURANCE
“
PROBATE PERSONAL INJURY PROFESSIONAL NEGLIGENCE
Mr. Carrington was very knowledgeable. Insurance companies respect his opinion. Extensive trial experience (ABOTA), Excellent Mediator, fair objective arbitrator. Extraordinarily capable and forthcoming with efforts and involvement. He is very thorough and fair.
” Quote from 2006 Consumer Lawyers Evaluations PH 805.565.1487 FAX 805.565.3187
ratc@cox.net 565 SHEFFIELD, SANTA BARBARA, CALIFORNIA 93108 FEBRUARY 2012 The Advocate Magazine — 75
It’s the best guide I’ve ever seen that shows you exactly what to do to protect the record and avoid appeal by opposing counsel at each stage of trial.
Mitch Jackson, Esq. OCTLA’s 2009
Trial Lawyer of the Year
Donna Bader
Order your copy now at
www.AnAppealtoReason.com
Certified Specialist in Appellate Law* 949.494.7455
www.DonnaBader.com *State Bar of California, Board of Legal Specialization
“
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96