Carpe Indicium (Seize the Information)

You are working on a case that is seemingly a slam-dunk in your client’s favor. Responsibility is clearly on the other party. Surprisingly, your case goes to trial and shockingly, you end up losing. Deciding this cannot happen again, you retrace how that had occurred. You observe that early in the process the opposition had taken a much different course of action than you did. While you were focusing on garnering statements from witnesses that proved what you had already thought, the opposing attorney held their cards close to the vest. You had no idea what they were up to. In trial, your client buries himself on the stand. You thought he told you all of the relevant information. After all, you were there to help him, right? So how did the opposing attorney get the upper hand? Good lawyers are guided by the facts. They are obsessed with the facts. They use facts to form their own argument, not use their argument as a basis to search for the appropriate facts. An integral part of the fact-finding phase in a case is the deposition. The purpose of a deposition according to the Practicing Law Institute: “A deposition permits a [...]

Fighting Practical Challenges in Virtual Depositions

A year ago, taking virtual depositions from your home was likely not the standard. Yet due to COVID-19, depositions from your home office, dinner table, or bedroom have become the norm for the forseeable future. With the advancement of technology, it is possible to hold virtual depositions in an efficient and productive manner. Unfortunately, you are at a disadvantage with virtual depositions of adverse witnesses… especially when it comes to assessing their behavior. In one-on-one interactions, there are two lines of communication: verbal and nonverbal. Verbal encompasses the things we say while nonverbal relays the things we feel. We often obsess over the verbal and give little conscious regard to the nonverbal. Non-verbal communication is commonly referred to as body language. Body language offers a form of communication that is far more connected to our emotions, thoughts, and feelings than verbal communication. Because of this, it is far less easy to manipulate than words. Therefore, each time we are unable, untrained, or unwilling to analyze body language, we are missing an opportunity to gain valuable knowledge and apply it. Even before COVID 19, assessing body language was a difficult task. Comprehensive knowledge of the various indicators of deception isn’t prevalent [...]

Maximizing Client-Attorney Interactions

Your client is being deposed by Bill, a partner at one of the most prestigious law firms in town. Bill asks your client when he last saw Ms. Davies before the accident at work. Confident in your client’s answer, you scroll down your notes, readying yourself for the smooth sailing that will become the home stretch of what would otherwise be a long litigation process, ending in a big win for your client and, of course, you. Feeling as if someone spills icewater on all of your internal organs, your face goes flush and your heart stops when your client responds to Bill differently than how you had scripted. Your whole defense was based on when your client last saw Ms. Davies and thus that one small detail that you knew you had 100% solidified was somehow altered. So how did Bill get different information from your client than you did? Was your client lying to you the entire time? How did you not notice? Or maybe your client changed his mind about what had happened at the last minute? Bill is a master manipulator, but he wouldn’t coerce a false response that easily, would he? Of course he didn’t, [...]

Intellecture Training at CASD’s February MCLE Event

Intellecture Training's Jonathan Volden spoke at the Consumer Attorneys of San Diego (CASD) "Spy the Lie" MCLE event on 27 February 2020. Jonathan's presentation "Body Language in Client Interactions" discussed body language deception indicators and how to isolate them, best practices in using your own body language, and solutions to prevent lying from occurring. Also presenting, Harry Plotkin (https://yournextjury.com) and Katherine James (https://actofcommunication.com) were absolutely wonderful. Not only did they have great presentations, but they also said mentioned the two best questions: "What else?" What other?!" Read more on the event and the presenters here: https://www.casd.org/index.cfm?pg=events&evAction=showDetail&eid=73903&evSubAction=viewMonth&calmonth=202002 To see more of what Intellecture Training has to offer, please visit: https://intellecturetraining.com/home

San Ysidro McDonald’s Shooting – Errors and Resolutions

The San Ysidro McDonald's Shooting was the largest mass shooting in U.S. history at the time and really the first of its kind. While hindsight is always 20/20, taking a look at what is now the 8th largest mass shooting is necessary to review what we have changed, what we have improved upon, and what has stayed the same in the lessons learned since the massacre. This is an analysis of information presented. On July 18th, 1984, James Huberty walked into a McDonald’s restaurant in San Ysidro, CA and opened fire with a 9mm pistol, a 9mm Uzi carbine, and a 12 gauge shotgun. Huberty shot and killed 21 patrons, staff, and passersby while wounding 19 others before being shot by a San Diego Police Department SWAT team sniper’s bullet from atop the U.S. Post Office next door 77 minutes after the shooting began. The first SDPD officer to arrive on scene found himself easily outgunned as he only carried a standard-issue .38 revolver. Needless to say, the SDPD no longer uses the .38 revolver. As the San Diego Police Department has implemented changes to its protocols and equipment in response to this tragedy, what has changed in terms [...]

5 Important Skills Kids Are Better At Than You Are

We all know children are great daydreamers and are technology savvy, but they possess skills that at your age you are expected to have and you may actually believe you have. Unfortunately, it's very unlikely you are better at these skills than your average five-year-old. Let's take a look at some common skills that kids are better at than you are: 1. Eating - Watch your kids, they do it correctly. While you inhale your burrito in 3 minutes they are picking through, exploring, and savoring...slowly. Taking more time to eat will not only help you to appreciate your food and properly digest it, but you will be more likely to consume less calories, as it takes a few moments for your stomach to tell your brain when it's had enough. Therfore, you will eat less. (www.precisionnutrition.com/all-about-slow-eating) 2. Observation - Kids are a marvel of data intake. They continuously observe the world and how their actions affect it and vice-versa. Not only are they learning at an unfathomable rate compared to an adult, they are looking at you a lot more closely than you are looking at them. That's why it's important to model good behaviors because children will copy what [...]

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