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Explaining complex cases

Kelly McCann2:19

Making technical construction and insurance issues understandable to judges and juries with different backgrounds.

Transcript

So a lot of lawyers contact me about trial strategy, especially as it relates to trial strategy, and construction, cases, and what's called first party insurance cases, which basically means the building owner is suing their insurance company directly. And I think the reason that they contact me about this is because, number one, because that we've had, you know, some good results in trial. And also, in order to understand how to, um, present a construction, uh, what's called a construction defect case, or construction problems, and in a way that's very compelling to a jury or a judge, because a lot of these construction cases or insurance cases, they're super technical. And they're super complex.

And so what you have to do is you have to understand who, especially in a trial situation, who the decision makers are, and what their backgrounds are. So, for example, a lot of times, the judge, you know, a lot of the judges, they tend to have a background in, like, criminal law or something like that. And they really don't have a background in construction law. They might be very, very smart people, but they just don't have that background.

And so you have to understand where their starting point is, and make things intelligible, so that they can understand it, um, in a way that they can make come to the correct decision. And the same thing with the jury. A lot of times, members of the jury, uh, they can be extremely bright and competent, uh, but they don't necessarily have that level of expertise in construction or insurance. And so, it's how to word things in a way, and present things in a way that's similar to their own life experiences.

And that way, they can come to a decision that's the correct one. Um, but really, but really understand how to word things in a way that they'll really be able to understand. Um, because all of us have different life experiences, and we all, uh, have different areas of expertise. And so you need to really be able to approach the decision makers, understanding where their expertise lies and where it doesn't lie, where they need some help and where they have a pretty solid understanding so that way they can fully grasp the situation in a way that's compelling and helps them make the proper decision.

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