Purpose of Opening Statements

We’ve all seen movies that reflect the power of an opening statement. Remember the movies “The Devil’s Advocate” or “Philadelphia” or “A Few Good Men?” All of these show powerful opening statements with a purpose. Remember the movie "My Cousin Vinny?" This movie does not reflect a powerful opening statement with a purpose, although it sure is funny! “The purpose of opening statements is to outline what an attorney expects the evidence will establish, and control of opening statements is within the trial court’s discretion.” Bush v. State, 809 So.2d 107, 118 (Fla. 4th DCA 2002). The opening statement allows a party’s...

22 April

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A Civil Action – Great Movie Regarding “Proving Your Case”

Posted by David Adelstein

in Trial Perspectives

The movie A Civil Action is a great movie about the trials and tribulations of a lawsuit and, importantly, the challenges in proving YOUR case. Enjoy these clips and please check out the movie. Please contact David Adelstein at [email protected] or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1....

29 March

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Considerations Involving Proposals for Settlement / Offers for Judgment

Posted by David Adelstein

in Trial Perspectives

There needs to be a contractual or statutory basis in order to be entitled to recover your reasonable attorneys' fees at trial. See Cadenhead v. Gaetz, 677 So.2d 96, 97 (Fla. 1st DCA 1996). This means either the contract needs to support a basis for the party to recover attorney’s fees (such as a prevailing party attorneys’ fees provision or a contractual indemnification provision that authorizes attorneys’ fees) or there needs to be a statute that authorizes you to recover reasonable attorneys' fees. Absent these bases, there is generally no basis to recover attorneys' fees. However, there is a vehicle under...

26 March

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Using Demonstrative Aids or Exhibits at Trial

Posted by David Adelstein

in Trial Perspectives

It is common to use demonstrative aids or exhibits at trial. These are exhibits (e.g., models, diagrams, charts, photographs, etc.) that are used to help explain or illustrate testimony or other evidence. The operative word is “help” because these exhibits need to help explain the testimony and help the trier of fact in understanding the testimony. These exhibits, however, are for demonstrative purposes only and do not constitute substantive evidence. No different than evidentiary exhibits, the probative value of a demonstrative exhibit must outweigh any prejudice to the adverse party. Regarding the use of demonstrative evidence, the Florida Supreme Court stated: “Demonstrative...

04 January

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Useful Maps Explaining Florida’s Judicial System

Posted by David Adelstein

in Appeal, Trial Perspectives

A picture is worth 1,000 words. This is true. Therefore, the best way to describe Florida's judicial system is through pictures in the form of maps: FLORIDA COUNTIES For more information on Florida counties, take a look at the useful maps that will tell you the cities located within each county. FLORIDA JUDICIAL (TRIAL COURT) CIRCUITS For more information on Florida's judicial (trial court) circuits, take a look at this map and the corresponding links to the judicial circuits. FLORIDA APPELLATE CIRCUITS For more information on Florida's appellate districts, take a look at this useful map that will identify the judicial (trial court) circuit and counties that...

13 December

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Is Greed Really Good?

Posted by David Adelstein

in Trial Perspectives, Uncategorized

We all remember the famous "Greed is Good" speech from the movie Wall Street. How do you not love this movie and this speech? But, is greed really good? Does, greed really clarify the essence of the evolutionary spirit? When it comes to a dispute, sometimes--and most of the time--it is perhaps better to analyze the dispute from a big picture perspective in order to come a reasonable resolution. Yes, this reasonable resolution may not result in the resolution you ideally wanted, but it may potentially be the right resolution where greed and principle remain on the outside. It is not always the...

06 December

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Prove My Case

Posted by David Adelstein

in Trial Perspectives, Uncategorized

There is no better way to begin, then by relying on scenes in movies to support a point! Well, what is the point? It's not about having a case, it is about PROVING your case...