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Nixon Vogelman Slawsky Simoneau Blog

Are Closings Really That Important?Are Closings Really That Important?

Are Closings Really That Important?

Kirk Simoneau

Lawsuit Information

Well, conventional wisdom says you can’t win a case in closing, you’ve, at that point, already won or lost. I, as you know by now, disagree with conventional wisdom. I think you can save a case in closing.

Instructions for the JuryInstructions for the Jury

Instructions for the Jury

Kirk Simoneau

Lawsuit Information

Every judge in New Hampshire has his or her own preferred instructions. It’s not an easy feat to convince a judge your way is better. That’s why I suggest, as you’ll see in the example, that you separate your instructions so that it’s simple for the judge to add or subtract as convinced. 

The Perfect Opening StatementThe Perfect Opening Statement

The Perfect Opening Statement

Kirk Simoneau

Lawsuit Information

If you’ve done voir dire right, when you open the jury already feels they know and trust you. So, when you open you have a lot less work to do, but, bear in mind, retaining your credibility is key. If you overpromise your case, or mischaracterize the defense, you lose.

Exploring Biases in Voir DireExploring Biases in Voir Dire

Exploring Biases in Voir Dire

Kirk Simoneau

Lawsuit Information

Entire books have been written on voir dire, some good, some bad. Voir dire is important. In essence, voir dire has two prima1y focuses; to discuss bias and establish yourself as the “good guy”, the truth teller.

Let the Defendant CompareLet the Defendant Compare

Let the Defendant Compare

Kirk Simoneau

Lawsuit Information

New Hampshire is a comparative fault state. The burden of proof, of course, for demonstrating comparative fault lies within the defense and they can’t just argue it - they need evidence to prove it. 

Discovery in a Slip and Fall CaseDiscovery in a Slip and Fall Case

Discovery in a Slip and Fall Case

Kirk Simoneau

Lawsuit Information

There is little commentary one need make on discovery in slips, trips, and falls. Attached, you will find examples of an initial claim letter requesting fundamental discovery, intended to be sent to a landowner. You’ll also find sets of questions for various types of cases.

Tripping Over an Ethics ProblemTripping Over an Ethics Problem

Tripping Over an Ethics Problem

Kirk Simoneau

Lawsuit Information

And so, as it turns out, your client lied, or, at least, you’re pretty sure he lied.

So what do you do next if you are representing them? Learn more on our blog.

Representing a Former PrincipalRepresenting a Former Principal

Representing a Former Principal

Kirk Simoneau

Firm Updates

Just a few weeks ago, our firm began representing a wrongfully fired principal from a local elementary school. Many of our readers may have heard about the incident, since it was a very public affair covered throughout the state by television, radio, and newspaper media outlets.

Speak from the Heart: How Mr. Rogers Saved PBSSpeak from the Heart: How Mr. Rogers Saved PBS

Speak from the Heart: How Mr. Rogers Saved PBS

Kirk Simoneau

Red Shoe Reader

It’s May 1, 1969. As the war continues in Vietnam, people gather in the Senate Subcommittee on Communications in D.C. to fight for what they believe is critical to the American public. Proposed budget cuts to Public Broadcasting Services (PBS) threaten the programs that have become dear to so many, and $20 million is on the line. For a public television station, this is everything.

A Valentine's Day GiftA Valentine's Day Gift

A Valentine's Day Gift

Kirk Simoneau

Red Shoe Reader

I’ve never been enthusiastic about Valentine’s Day and neither has my wife, Anne. We don’t do anything especially extravagant this time of year, but we do enjoy spending time together as much as the next couple.

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