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The Researching Paralegal

Tag Archives: Paul N. Luvera

Professional Civility In The Legal Profession.

27 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Legal Ethics, Professional Civility, Rules of Professional Responsibility

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Legal Ethics, Paul N. Luvera, Plaintiff Trial Lawyer Tips, Professional Civility

What About Professional Civility In The Law? by Paul N. Luvera, Plaintiff Trial Lawyer Tips  

http://plaintifftriallawyertips.com/what-about-professional-civility-in-the-law

The subject of professional civility has been widely discussed and promoted in the past few years. Some states have incorporated the requirement in their oath of attorneys. All of the states  have emphasized it in recent years. The United  States Supreme Court, the ABA and even The National Judicial College promote the principles of civility. Here, for  example,  is part of the language of the core principles from the Judicial College written for judges  nationally:

‘Civility encompasses a form of courtesy and behavior and speech that is essential to the role of courts in a democratic society. It is therefore, important that all involved with the court – judges, attorneys, jurors, witnesses, court staff, parties – act with civility to ensure the fair administration of justice and resolution of disputes . . . . Civility in action and words is fundamental to the effective and efficient functioning of our system of justice and public confidence in that system.’

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Objection! Argumentative!

09 Saturday May 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Direct Examination, Evidence, Making Objections, Objections, Trial Tips and Techniques

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Cross-Examination, Objections, Paul N. Luvera, Plaintiff Trial Lawyer Tips Blog, Rules of Evidence

“Objection! Argumentative” Is That Really A Valid Objection During Cross Examination?, by Paul N. Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/objection-argumentative-is-that-really-a-valid-objection-during-cross-examintion

An outstanding Seattle plaintiff’s trial lawyer & I have been discussing the common objection made during cross-examination that the question is ‘argumentative’ because  of a trial we  have a common interest in where the  judge  sustains cross-examination questions that directly challenge the witnesses testimony as untruthful where the objection of ‘argumentative’ is made. My position is that cross-examination is confrontational and a testing ground for witness credibility by challenging the witness. I believe that judges who sustain an objection to the confrontation as ‘argumentative’ do not fully understand the function of cross-examination and the rules of evidence. I decided to share my viewpoint for your consideration. . . .

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The Art of Cross-Examination.

28 Monday Apr 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Trial Tips and Techniques

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Cross-Examination, Paul N. Luvera, Plaintiff Trial Lawyer Tips, Trial Tips & Techniques

Some Thoughts About Cross Examination, by Paul N. Luvera, Plaintiff Trial Lawyer Tips

http://plaintifftriallawyertips.com/some-thoughts-about-cross-examination

London barrister Peter Brown wrote a book some years ago entitled ‘The Art of Questioning.’  In one chapter he wrote: Last summer, a motorcyclist was arrested in Oxford, England, for speeding. The lady prosecutor bore in on the defendant with a curved question:  ‘Mr. Setright, your motorcycle is capable, is it not, of exceeding the 70 mph speed limit? He answered: Certainly it can exceed that limit. But, the possibilities implicit in that physical ability are it relevant to these proceedings. We are not here to consider what I might have been doing, but for the prosecution to prove, if it can, that I was doing what they allege I was doing. Were it otherwise you might just as well be here accused of rape, simply on the grounds that I have the necessary apparatus.’ . . .

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