WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell...
Transcript of WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell...
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WHAT YOU, PERRY MASON AND CLARENCE DARROW
HAVE IN COMMON: YOUR OWN COURTROOM
PERSONA
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WHAT DOES IT MEAN TO BE “GOOD” IN COURT?
• The universal truths:
• There is no one “right” way to do it.
• Be ready to use effective techniques.
• Be yourself.
• Be authentic (believe in your case).
• Different styles are different arrows in your quiver.
• The circumstances dictate which arrow you will use.
• Listen!
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BMI VS. MINICOM: THE FACTS
• 1/3/16: Minicom’s Michael Lubell emails BMI’s Chris Kay to inquire about availability of computer chips on the same conditions as a similar order placed once before, in Sept. 2015.
• Terms in 9/15: Ship within 10 days, insured, using NPS shipping company
• Kay’s assistant, Virginia Young, responds on his behalf to confirm availability of items. Young does not address shipping terms.
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• 1/6/16: Lubell calls Kay to place order. Young answers and advises that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that order should be handled “per the usual agreement” with BMI.
• 1/14/16: Lubell receives bill and letter signed by Young.
• Bill shows previous 9/15 order, with insurance.
• Bill also shows new order but does not indicate insurance.
• After BMI ships the order, it is lost in transit.
BMI VS. MINICOM: THE FACTS
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BMI VS. MINICOM: THE DOCUMENTS
• Exh. 16: 1/3/2016 email from Michael Lubell
• Exh. 17: Virginia Young’s email response
• Exh. 20A: Minicom’s order fax cover
• Exh. 20B: Minicom’s order fax
• Exh. 20C: Minicom’s order letter
• Exh. 22: Virginia Young’s letter
• Exh. 23: BMI’s bill
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EXHIBIT 16:1/3/2016 EMAIL FROM MICHAEL
LUBELL
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EXHIBIT 17: VIRGINIA YOUNG’S EMAIL RESPONSE
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EXHIBIT 20A: MINICOM’S ORDER
FAX COVER
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EXHIBIT 20B: MINICOM’S ORDER
FAX
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EXHIBIT 20C: MINICOM’S ORDER
LETTER
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EXHIBIT 22: VIRGINIA YOUNG’S
LETTER
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EXHIBIT 23: BMI’S BILL