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) Screening for Successful Excessive Force Case - Attorney Eugene Felton 3
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). Screening for Successful Excessive Force Case - Attorney Eugene Felton 4
Damages should be a serious personal injury or death. Caveat: When liability is extraordinarily great. Screening for Successful Excessive Force Case - Attorney Eugene Felton 5
Federal Court vs State Court Screening for Successful Excessive Force Case Attorney Eugene Felton 6
Does the law enforcement agency have a history of brutality, misconduct, shootings or other civil rights violations? Screening for Successful Excessive Force Case - Attorney Eugene Felton 7
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? Screening for Successful Excessive Force Case - Attorney Eugene Felton 8
Will you and your law firm be up to the task of advancing litigation costs? Screening for Successful Excessive Force Case - Attorney Eugene Felton 9
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). Screening for Successful Excessive Force Case - Attorney Eugene Felton 10
Eugene Felton, Jr., Esq.
RELATING TO AND CONDITIONING THE JURY THROUGH THE VOIR DIRE PROCESS Matthew 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
ISSUES AND QUESTIONS 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
ISSUES AND QUESTIONS 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
Ethical Issues in Personal Injury Cases Michael L. Goldberg, Esq. Michael@FRG-law.com Fried Rogers Goldberg LLC Atlanta, Georgia F 1 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com
Telephone Call #1 I was badly injured in an accident with a Fedex truck. I already have a lawyer but he is doing a terrible job, and I want to fire him. F 2 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com
Telephone Call #2 I was badly injured in an accident with a Coca-Cola truck. My wife and I are looking for an attorney. F 3 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com
Telephone Call #3 I was badly injured in an accident. I was driving and my brother was in the passenger seat. He was hurt also. We are looking for an attorney. F RG 4 Fried Rogers Goldberg LLC www.thetruckingattorneys.com
Telephone Call #4 Myself and my two brothers were sitting at a light and were suddenly rearended by a BMW. We were all hurt. We are looking for an attorney. F RG 5 Fried Rogers Goldberg LLC www.thetruckingattorneys.com
Telephone Call #5 My child was killed in an auto accident. My husband was driving the car. We need an attorney. F 6 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com
Telephone Call #6 My child was killed in an auto accident. I am divorced but my ex-husband, and I want to use the same lawyer. Can you help us? F 7 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com
Scenario #8 My client has been offered $50,000 to settle his case but refuses to settle. His case is worth less than $50,000. He says I am his lawyer, and I have to take his case to trial. F RG 8 Fried Rogers Goldberg LLC www.thetruckingattorneys.com
Scenario #9 I received a call from someone who was injured in an accident but it involves an area of law that I am not experienced in. Can I share fees with another lawyer on this case? F RG 9 Fried Rogers Goldberg LLC www.thetruckingattorneys.com
Scenario #10 I have settled a case for a client, and I am about to disburse the money to the client, does the client have to sign anything? F 10 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com
E-Mail Me michael@frg-law.com F 11 Fried Rogers Goldberg LLC RG www.thetruckingattorneys.com