CASE ANALYSIS AN ATTORNEY’S DUTY Stephanie Smith Ledesma. MA, JD, CWLS The Ledesma Law Firm 401...

CASE ANALYSIS

AN ATTORNEY’S

DUTYStephanie Smith Ledesma. MA, JD, CWLS

The Ledesma Law Firm401 West University Blvd.Georgetown, Texas 78681

stephanie@ledesma-law.com

DUTIES OF AN ATTORNEY

Protect Client’s Legal RightsThe “Art of powerful

persuasion”, when presenting your client’s story.

HOW

CASE ANALYSIS

WHATCase Analysis is the process

by which the attorney takes information and “packages” it in such a way that allows the attorney to “present” their client’s story.

WHY IS CASE ANALYSIS IMPORTANT

To WIN

WHEN DOES THE CASE ANALYSIS BEGIN

At the beginning…..

WHAT MAKES A GOOD STORY

Good stories are:Organized;Understandable;Interesting;Persuasive

WHY ARE STORIES IMPORTANT

We have listened to stories since childhood.

We are programmed to like a good story.

This is the best mode by which to delivery your client’s point of view about the same facts.

HOW DOES CASE ANLYSIS BEGIN

Legal Theory

Factual Theory

Persuasive Theory

WHEN DOES CASE ANALYSIS END

When you rest and close.

LEGAL THEORY- WHY THE LAW SAYS YOU WIN

ELEMENTS OF THE LAW:StatutesCommon LawJury InstructionsIncludes defenses

ANYTHING ELSEDon’t forget Affirmative

Defenses.

LEGAL THEORIES EXERCISEIn the Interest of Eva Pena,

A Minor

Temporary Custody by peace officerMiranda Issues

Battery AssaultMotion to Suppress

FOR EACH ELEMENT OF YOUR LEGAL THEORY…

Determine, what facts support your theme.

What facts detract from your theme.

Be prepared to change your theme if needed to fit your legal theory.

FACTUAL THEORYWhat do your facts say?DON’T JUDGE THE FACTS,

provided the facts make the material issue more or less likely.

“JUST THE FACTS” What do your facts say that support the

elements of the legal theory. Non-emotional. ALL facts are to be considered and then

later categorized as “good”, “bad” or “neutral”.

FACTS BRAINSTORM EXERCISE-List the facts

Facts Categorize Rank

1. Eva is 12 years old.

N/A N/A

2. Eva is a foster child.

N/A N/A

3. Eva’s foster mother was also at police station.

N/A N/A

4. Eva corrected her statement.

N/A N/A

5. Eva was read her Miranda Warnings three times.

N/A N/A

6. Etc. N/A N/A

7. Etc. N/A N/A

CATEGORIZE FACTS EXERCISE

Good FactsBad Facts

What do you do with these facts?Neutral FactsRank Facts (You cannot use them

all).

FACTS BRAINSTORM EXERCISE-List the facts

Facts Categorize Rank

1. Eva is 12 years old.

Good N/A

2. Eva is a foster child.

Good N/A

3. Eva’s foster mother was also at police station.

Neutral N/A

4. Eva corrected her statement.

Good/Bad N/A

5. Eva was read her Miranda Warnings three times.

Bad N/A

6. Etc. Good/Bad N/A

7. Etc. Good N/A

FACTS BRAINSTORM EXERCISE-Rank the facts

Facts Categorize Rank

1. Eva is 12 years old.

Good Good- 5

2. Eva is a foster child.

Good Good-4

3. Eva’s foster mother was also at police station.

Neutral Neutral-1

4. Eva corrected her statement.

Good/Bad Good-3/ Bad-1

5. Eva was read her Miranda Warnings three times.

Bad Bad-2

6. Etc. Good/Bad Good-1/ Bad-3

7. Etc. Good Good-2

PROOF CHARTS EXERCISE

What is the factWhich witness can get the fact

inAnticipate objections

What exhibit supports this factAnticipate objections

PROOF CHARTS EXERCISE

Fact/Element

Proven By(Witness)

Proven With(Exhibit)

Matches theme

Eva corrected her statement.

Eva Statement Yes

PERSUASIVE THEORYDEVELOP A STORY

Why is this story differentWhy is this story importantWhat do you highlightWhat do you omit

CHECK FOR GAPS

If you leave gaps the trier of fact will fill them in for themselves.

THEME

Facts + Law = “OUTCOME”.

The “Theme” is the story in which the OUTCOME is packaged.

THEME

The THEME should be GLOBAL.Global enough to engage your trier of fact because your trier of fact can relate.

THEME

The THEME should appeal to the MORAL COMPASS of the trier of fact.

THEME

The THEME should have an EMOTIONAL APPEAL.Speak to that which moves the trier of fact, (which means during your closing you have to look at your fact finder; engage them).

THEME

PRIMACY AND RECENCYThe THEME should be clear, concise and worked through at least THREE TIMES throughout your closing.

END WITH A BANG… NOT A

WHIMPER

Case analysis ends when you rest and close your case.

Represent your clients the way that you would want to be represented…MAKE IT MEMORABLE.