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B e i r n e , M ay n a r d & P a r s o n s , l . l . p . a h i s t o ry o f r e s u l t s
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B e i r n e Maynard &
Pa rs o n s llp
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T h e r e a r e l aw y e r s . . . a n d t h e r e a r e t r i a l L aw y e r s .
In business, it’s how you handle the rough spots that defines your ability to succeed. Today’s business leaders need lawyers who understand today’s courtroom, today’s juries, ADR, appellate strategies, and even the media. They want lawyers who are high-energy and flexible, who are as at home in trial as they are anywhere. They want impeccable ethics and unwavering service. They want value. And they demand lawyers with a demonstrable, exceptional record of success.
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W e
B E I R N E ,
M A Y N A R D
&
A r e
. . .
P A R S O N S
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c i v i l
t r i a l
l a w y e r s .
Our natural arena is the highly structured conflict which is a civil trial. And because civil trial work is our focus, our raison d’etre, it is an arena in which we have enjoyed considerable success.
Founded in 1987, the firm has become a significant force in trial law. We enjoy an ongoing relationship with Fortune 500 and other national and international companies. The quality of the clients we represent is a direct result of our remarkable track record.
Our expertise, success record, client base and reputation form a “preponderance of evidence” positioning Beirne, Maynard & Parsons as an unparalleled resource in civil litigation.
A
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L i t i g at i o n
i n
3 D
Resolving conflict requires both a big picture view and a tight focus on detail. All litigation occurs in a context and that includes your business objectives, the scope and duration of the problem, the likely reaction of your competitors, the media, the investment community, and many other factors that, combined, make up a three-dimensional picture. We work with clients in managing all of these dimensions, toward not only the best possible litigation result, but also the best possible business result.
Further, we are sensitive to the costs of litigation – the financial cost, the time, and the emotional cost. Thus, we strive to resolve your litigation in the most innovative, economical, and expeditious fashion possible.
B E I R N E ,
M A Y N A R D
&
P A R S O N S
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“Managing the Jury: A Trial Lawyer’s Perspective on the Art of Jury Persuasion”
The jury trial need not be foreboding. There is a clear, negotiable path through the forest. Jury trials need not be avoided, unmanageable, or traumatic.
The Bare Essentials To begin with, we must address the bare essentials of successful advocacy. We must go back to basics. And, it is hard to improve upon Aristotle’s analysis of the essentials – ethos, pathos and logos.
Ethos – convince the jury of the personal character of the advocate… and the client. Pathos – deal effectively with the emotions of the jury. Logos – convince the jury that the proof logically and reasonably supports the client’s position.
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a
c r o s s
s e c t i o n
o f
. . .
Our experience in civil litigation is vast, with a client roster that encompasses many industries and covers all areas of civil litigation in nearly every legal forum in the country.
Industries represented include:
Aircraft and Aviation
Insurance
Automotive and Trucking
Manufacturing
Banking and Financial Services
Medical
Chemicals
Oil and Gas
Construction
Pharmaceuticals, Medical
Consumer Products Electrical Power
Devices, and Biotech Technology
Areas of litigation practice include:
Administrative
Product Liability
Appellate
Maritime
Bankruptcy
Mass Tort
Labor and Employment
Real Estate
Environmental
Securities
Insurance Coverage
Toxic Tort
Intellectual Property (Copyright,
Counterfeiting, Patent, Trademark, Trade Secret, Etc.)
B E I R N E ,
M A Y N A R D
&
P A R S O N S
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t h e
Wo r l d
o f
C i v i l
T r i a l
Wo r k
Additional Elements You cannot successfully employ the Aristotelian elements without certain additional elements of effective jury advocacy: Simplicity, Credibility, Order, Themes, Retention, The Law, Solid Proof.
Simplicity First and foremost, your case should be a model of simplicity and clarity. Present every key aspect so that it may be grasped by the
We seek and are sought by clients for whom extensive trial experience, solid case
least educated and least attentive juror.
preparation, and insightful strategic planning are critical. We’re justifiably proud of our roster of Fortune 500 and 1000 clients. They are household names within and
Credibility
outside their industries – the insurance companies, transportation and automotive
The trial lawyer must be credible, and,
companies, energy companies, pharmaceutical manufacturers, and others whose
ultimately, so must the lawyer’s client,
products you see or hear about every day.
proof, and arguments. Collectively, the jury has many eyes, many ears, and much practical knowledge and wisdom. If the jury believes that the lawyer or client is misleading them, credibility disappears and so too may the case.
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O u r
B E I R N E ,
M A Y N A R D
&
L e v e l
P A R S O N S
o f
P r a c t i c e
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—
n o t
f o r
e v e ry
c l i e n t
We focus our practice upon the business of resolving civil
Order
disputes – inside and outside the courtroom – serving the
Order in your case is not everything, but it
needs of clients who value extensive trial and appellate
is the foundation for all of the things which
experience, solid case preparation, and insightful strategic
must be achieved. It is hard to project ethos,
planning. We understand our clients’ priorities and the forces
pathos, logos, or anything else if you are
driving their decisions. In-house counsel seek our assistance
proceeding in chaos. So, give great attention
on matters ranging from crisis level (“bet the company” and
to order.
“material impact on financial condition”) to cases presenting troublesome allegations and matters requiring extensive
Themes
strategic planning or skilled dealing with adverse counsel
All successful trial lawyers present their case
and co-defendants.
based upon a few key themes, which they have determined to be at the heart of their
We do not seek routine litigation for which many attorneys
client’s position. These themes should always
might be suitable.
be simple, credible, and amply supported by the evidence. They should be ideas or phrases which jurors can grasp, remember, embrace, and take back to the jury room – and there use to convince other jurors.
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C r e at i v i t y ,
B E I R N E ,
M A Y N A R D
&
P A R S O N S
F l e x i b i l i t y ,
a n d
R e s u lt s
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We are sensitive to your needs. We are always looking for the most appropriate
Retention
ways to resolve your case successfully, expeditiously, and economically. If we can do
Your case must be presented so that the jury can retain it. Without this element, all
so outside the courtroom – by ADR, arbitration, or another innovative process – so
else fails. It is elementary that the jury has
much the better. We are highly successful negotiators and counselors in mediations three senses, yet, too many advocates rely
and arbitrations. But when the courtroom beckons, we do not hesitate; we prepare
excessively upon only one sense – hearing.
and engage to win at trial and on appeal.
So, as you present the case, place great emphasis upon means of proof which will address all three senses, and particularly the
We can offer flexible and innovative billing structures to meet your requirements.
jurors’ sight. Seeing is believing. It is also a principal aid to retention.
We are active in a number of law firm associations that enhance our ability to bring best practices, superior training, advanced technology, and international connections
The Law
to the job of serving our clients. These include the Network of Trial Law Firms
It is impossible to select winning themes
(which we helped establish), The International Lawyers Network, and LawNet.
for your case without ensuring that they are consistent with the law. One of the strongest
The result of our creativity, flexibility, and dedication is a long history
aids in neutralizing your opponent’s case is
of successful results.
the law of the case. The law is typically designed to level the playing field. So, it is essential that the trial lawyer, at the earliest possible juncture, condition the jury to the law that is favorable to his or her case.
It is never too early to determine the parameters of the law of the case. Indeed, while it is never too early, it can quickly become too late.
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S u p e r i o r
T e c h n o l o g y ,
S u b s ta n t i a l
A trial is an argument – highly stylized, formal, structured within a rich philosophical and historical basis, but an argument nonetheless. To win this argument, our attorneys not only study and employ the most timeless rhetorical and psychological tools, they also make effective use of today’s technology. We have invested at many levels to acquire the best technologies for delivering our legal services. And we continually explore new advances that may help us provide our clients with even higher levels of service.
B E I R N E ,
M A Y N A R D
&
P A R S O N S
r e s o u r c e s
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—
A
W i n n i n g
A r g u m e n t
We have our own mock courtroom, complete with video cameras and an on-site
Solid Proof
video studio. These facilities allow our attorneys to fine-tune the subtleties that
You must be diligent in determining,
lead to successful presentations.
well in advance of trial, which witnesses are solid and which are shaky, you must
We employ sophisticated technologies to ensure that all of our communications
know which documents are solid and
to clients and co-counsel are both secure and optimized for collaboration –
which will be shredded by explanation,
including litigation support-based extranets and videoconferencing
exposition, or impeachment. Never
.
sponsor any witness or any evidence
Our attorneys and staff have 24/7 access to the most advanced and comprehensive
which is not solid, unless there is no
electronic legal research available
alternative and your case will fail without it.
Each attorney, paraprofessional, and secretary has full email and Internet
If there is a reasonable choice, avoid
capabilities, and attorneys have remote access to many of the firm’s systems.
double-edged evidence, resting your case solely upon solid proof.
Our staff is experienced in the effective preparation and use of computer-
generated demonstrative evidence, information databases, and other case management systems.
Presenting your case with the right technologies helps the jury understand it, retain it, and embrace it in the jury room.
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R i g o r o u s
T r a i n i n g
&
D i s c i p l i n e d
The people of Beirne, Maynard & Parsons spend the greater part of their lives training for your trial. Partners and associates actively participate in the firm's training programs, including mock trials structured to closely simulate real-world trials, often using retired judges and always with the kind of content our lawyers regularly encounter. Such exercises hone our attorneys’ skills in the many aspects of oral presentation.
Other programs provide advanced training in motions, discovery, procedure, use of exhibits, video techniques, and trends. Research skills are regularly updated and sharpened. And our attorneys are encouraged to attend Continuing Legal Education seminars presented by the state and local bar associations and other organizations.
For trial preparation, we regularly employ pretrial jury profiling to determine the probable makeup of a particular jury and use focus groups to test theories and evidence. We also engage shadow juries, a group of people demographically similar to the actual seated panel. The shadow jury is present in the courtroom during trial and provides feedback to our attorneys via focus groups. Finally, juror debriefing following a trial helps us monitor our performance and continually improve.
B E I R N E ,
M A Y N A R D
&
P A R S O N S
P r e pa r at i o n
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Final argument Final argument is a time for once again employing certain of the essentials of jury advocacy. Skilled counsel will ensure that the argument is simple, credible, and well ordered. The argument will be founded upon projecting the ethos, pathos, logos, and key themes which are the foundations of your case, which have been introduced to the jury at the first opportunity in the trial and repeated subtly at every appropriate opportunity.
You need not fear jury trials. Skillful trial lawyers can guide and persuade juries by effective advocacy – so that rational and reasonable jury verdicts are the usual result.
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C l a s s i c a l
A dvo c ac y
f o r
T o d ay ’ s
Our philosophical approach is founded upon the Aristotelian principles of advocacy: ethos, pathos, logos – character, emotion, and logic. We prepare and present your case to project skillfully the character of our lawyers and our client, to evoke the emotion of our client’s position, to blunt emotions evoked by the opposition, and to project the logic of the client’s position.
Following these principles, we evolve a theme or themes – simple, recurring ideas which exemplify the client’s position and provide an inherently persuasive structure.
We know the law. We know every detail of your case, and your opponent’s. We weave all three of Aristotle’s principles into these themes to make a simple and compelling argument – based on fact and law but also mindful of the emotional and psychological components of human decision-making. A careful blend of timeless principles of advocacy, today’s understanding of psychology, and powerful technology, your story is memorable and effective.
B E I R N E ,
M A Y N A R D
&
P A R S O N S
C l i e n t
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B e i r n e Maynard &
Pa rs o n s llp
letterhead fits into pocket business card die cut
bookmark with addresses die cut and placement
LO CATIONS
B e i r n e Maynard &
Pa rs o n s llp
– Houston – 1300 Post Oak Blvd. 25th Floor Houston, TX 77056 713.623.0887 713.960.1527 fax
– Dallas – 1700 Pacific Avenue Suite 4400 Dallas, TX 75201 214.237.4300 214.237.4340 fax
www.bmpllp.com
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B e i r n e Maynard &
Pa rs o n s llp
www. bmpllp .com