Settlement Video's

Over the last 15 years while consulting with lawyers concerning the strategy of presenting a case to a jury, it has become increasingly important to consider settlement video's.

This isn't something entirely new but it should be considered with a more refined approach. Since only 1% of civil cases nationally goto trial, mediation may provide one of you're clients only opportunities to plead his or her case directly and personally to the opposing party.

For example:

Recently I consulted on a case where a disabled child was abused by a teacher. Although the abuse was partially physical the majority of the damage resulted from the emotional battering on a day to day basis and the effect this has on the child's mental health.

But how does one visualize emotional distress? This was the task at hand. The lawyer, one of my most brilliant and fearless clients decided to let us "run with an idea". The result was amazing! We created a 30 minute presentation educating our audience about the child's disability, the previous bad acts of the teacher, how it should have been stopped, how it effected our child and finally how we would prevail at trial should they (the defense) dare to take it that far!

A bold and wise strategy!

My recommendation is to think about trying the case to a jury as early in the process as possible. Prepare early. Get some footage in the can and be ready with an army of presentation Ninjas to assist you when the time is right!

Scott G. Roder
Roder Evidence Consulting, LLC
http://www.roderev.com
216-326-7562
roderevidence@mac.com

Open Discovery in Ohio

Let 100 guilty men free before 1 innocent man be jailed. Who said that? T. Jefferson? I'm not sure, but what I am sure about is the fact that the reason agencies do not support open discovery is not about the safety of a witness, but rather Winning!

"It's called disclosure, you idiot!" Marisa Tomei (My cousin Vinny)

Just a brief tid bit for today. Check back tomorrow for further blogging!

Scott G. Roder

Use of Deadly Force and the Court

Recently the US Supreme Court decided a case that may effect how State v. Garner is used under Section 1983 in 4th Amendment Litigation.

To read the Article goto: http://www.nytimes.com/2007/04/30/us/30cnd-scotus.html

Justice Scalia relied heavily upon the video of the pursuit and crash. This demonstrates that the need for visualization of legal and factual issues are critical in the way we present evidence. In cases where such evidence does not exsist - demonstrative evidence creation should be considered.

In this case a Georgia man, wanted for speeding was pursued at speeds of 90 MPH on a wet surface. The Supreme court found that the Police were justified in using deadly force to stop the suspect. This may effect a change in how these types of cases are defended and prosecuted.

Scott G. Roder, Trial Consultant
scott@roderev.com (216) 326-7562