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The Advocacy Podcast

Brief 26: Grapple with bad points

Dec 13, 2023
Learn strategies for addressing challenging aspects of a case in the courtroom. Understand the importance of confronting weaknesses and bad facts that could harm a case. Gain insights into techniques for handling bad facts and considering individuals with learning disabilities. Discover the process of analyzing documents related to problematic issues.
06:53

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Quick takeaways

  • Addressing bad facts strategically can transform them into less damaging elements of a case.
  • Lawyers should guide clients to confront difficult issues and analyze weaknesses to have answers for key case determinants.

Deep dives

Importance of Dealing with Bad Facts

In this podcast episode, Professor Joe De La Huntie Casey and Sarah Clark Casey highlight the critical importance of confronting and dealing with the less favorable aspects of a case. They emphasize that bad facts should not be ignored, but rather embraced and carefully addressed. Joe De La Huntie QC suggests that bad facts can become an opportunity to strategically build a case by thoroughly understanding and analyzing them. By uncovering the circumstances and context surrounding these bad facts, such as client misunderstandings or errors, lawyers can effectively diminish their damaging impact and turn them into less detrimental elements of the overall case.

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