Winning the Tough Case by Embracing the Negative (Update)

This is a program for trial attorneys who want to enhance the likelihood of winning difficult cases. It explains how to use to the lawyer’s advantage what may at first appear to be negative factors in the case, just as practitioners of Judo are trained to use the superior power of an opponent to defeat him. This technique applies to all stages of the litigation process. It is not a substitute for solid preparation, knowledge of the basics of trial practice and procedure, maintaining credibility, and developing good communication skills. However, it is a valuable weapon in the arsenal of the trial attorney who must try a challenging case against a formidable opponent. Throughout the program, attorney John Lang draws upon his personal experience to illustrate how “embracing the negative” can lead to positive outcomes.      

Learning Objectives:

I.       Understand what it means to embrace the negative in a trial setting

II.      Examine prototypical examples in People v. Harris & Black and O.J. Simpson trial

III.     Recognize pre-trial proceeding opportunities to embrace the negative

IV.     Underline the importance of in-depth investigations of opposing party’s negative arguing points

V.      Conceptualize your “Case Theory,” and what that means when it comes to admitting the negatives

VI.     Plan to accustom your potential jury members to the negatives during the selection process

VII.    Identify real-life instances from real-life trials where embracing the negative worked!

VIII.   Follow the “embracing the negative” process in a prototypical bribery case

IX.     Highlight the importance of recognizing embracing the negative as one of many tools