Insights and observations regarding North Carolina law   
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On Political Conventions 

and Jury Arguments...




     They came.  They saw.  They convened.   

     In the week just past, some 35,000 politicians, celebrities, reporters , lobbyists, supporters and protesters were in Charlotte for the 2012 Democratic National Convention.  By most accounts, it did both the Democrats and the city of Charlotte a lot of good. 

     The Republicans had their big soiree the week before, of course, and it may be that I am looking at the schedule like a trial attorney, but I think it's been a HUGE advantage for the Democrats to go last.  So powerful is the last argument in a trial, some of the best courtroom lawyers I know will often strategically maneuver to get it.  Under the NC General Rules of Practice, the plaintiff usually gets the last word, but an important exception occurs when the defendant chooses not to put on any evidence of its own.  I've seen many trials in which a wily defense counsel chooses NOT to introduce any evidence -- even if it might be helpful -- in order to have an unrebutted closing argument.  

Bill Clinton @ DNC
The view from the cheap seats of Bill Clinton's "jury argument."

    Thus, from a strategic standpoint, the DNC had the upper hand coming into Charlotte just because of the scheduling.  And indeed, much of the language from Time Warner Arena seemed to be a rebuttal to the RNC assertions made in Tampa.

     The most cogent and informative address for many observers, was for me a lot like a jury argument itself.  Granted, President Clinton's nominating speech on Wednesday evening (which I was fortunate to see live, albeit from the cheap seats) was a "closing argument" was in front of a jury of 20,000 screaming Democrats, and broadcast to millions more.  But that just makes his communication and persuasion techniques all the more remarkable.       

     Indeed, whether it's in a mediation or a trial, I often find that the most "persuasive persuasion" is packaged as simple education.  Point out the favorable facts. Don't hide unfavorable facts, but bring them out and explore them. Preview what's coming; summarize what you've said. Rather than telling jurors what to conclude, lead them to a conclusion that THEY can make. And if you can do it as Clinton did with punchy memorable one-liners that the jurors can repeat back in the jury room, all the better!  


     As always, I hope you'll feel free to check out some of the new videos available on our firm's YouTube Channel, or LinkedIn or Facebook pages, or look at previous e-newsletters you might have missed.  
     It's all designed to help folks gain a little general insight into different issues in the law.  But if you have specific questions on a specific matter, you need to consult directly with an experienced and competent attorney. 


All the best 



Michel C. Daisley

Litigation Attorney & Certified Mediator

DaisleyLaw, PLLC

2412 Arty Avenue

Charlotte, NC  28208




The biggest highlight...
in a week that had many?
It had to be the chance to interview social justice pioneer JIM WALLIS on poverty and a new documentary by local filmmaker Linda Midgett
while guest-hosting on WBT News Talk 1110.
    As things now get back to normal this week, and I return to running a law firm and trying to help some really good clients, there are many, MCD@WBT many good memories of a great week... from the NWPC kick-off reception on Sunday to speaking with several Senators and Members of Congress at the AAJ gathering midweek, to having an in-depth lunch conversation with political analyst Charlie Cook, to even scoring VIP credentials for a taping of The Daily Show.             
     As good as those were, THE highlight for me came on the night before the convention, when
WBT NewsTalk 1110 asked  
Jim Wallis on the Daily Show
Jim Wallis, CEO of Sojourners
on The Daily Show
me to guest-host for John Hancock  on Labor Day evening. My guest for the the last half hour
was Jim Wallis, CEO of Sojourners, a faith-based organization out of DC to promote social justice in public policy.  Wallis was there to talk about the issue of poverty and to discuss a new documentary on the subject by Linda Midgett, a Charlotte filmmaker.
     To hear my interview of Jim Wallis and Linda Midgett,  
just click here.
More Informational VIDEOS...
    Whether you access them through our firm's website, or login to our YouTube Channel, or simply search on Google for "DaisleyLaw videos," you will find a number of quick and (I hope) helpful tips and insights into such things as testifying at depositions, and customer and visitor injuries and North Carolina's law of contributory negligence, or whether to speak at a mediation.   
MCD Standing Cropped

Civil Litigation Attorney
& Certified Mediator
DaisleyLaw, PLLC
2412 Arty Avenue
Charlotte, NC  28208
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