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CASE ANALYSIS
AN ATTORNEY’S
DUTYStephanie Smith Ledesma. MA, JD, CWLS
The Ledesma Law Firm401 West University Blvd.Georgetown, Texas 78681
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.