In this trial nugget, Brendan Lupetin challenges the notion that trial lawyers must deliver openings and closings completely from memory. Drawing inspiration from James Humes' book "Speak Like Churchill, Stand Like Lincoln," Brendan introduces the "power reading" technique used by communicators from Ronald Reagan to Rick Friedman. This approach combines written precision with conversational delivery through two key principles: "memorize, then conversationalize" and the "see, stop, say" method. Brendan shares how he successfully implemented these techniques in his recent trial victory, offering a practical alternative for attorneys who want to sound natural while maintaining complete control over their message.

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"It's a stroke of the leg, ladies and gentlemen." When critical limb ischemia struck their client Kirt, every minute counted—yet the county's only vascular surgeon remained at a wound care center despite multiple emergency calls. In this breakdown of their recent $2.2 million verdict, host Brendan Lupetin, partner Greg Unatin, and associate Garrett Trettel reveal how they overcame challenges including COVID-related defenses, contradictory timeline claims, and the fear of alienating the only specialist serving their rural community.

☑️ Greg Unatin | LinkedIn

☑️ Garrett Trettel | LinkedIn

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

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• The case involved Kirt, who experienced acute pain in his leg and was diagnosed with critical limb ischemia, but experienced significant delays in treatment leading to an amputation.
• The defendant, Dr. Lynch, was the only vascular surgeon in the county, creating unique challenges for the legal team in persuading local jurors.
• Despite multiple calls from the emergency department about Kirt’s critical condition, Dr. Lynch remained at a wound care center and significantly delayed seeing the patient.
• A key defense strategy involved using an audit trail to suggest Dr. Lynch arrived at the hospital earlier than medical records indicated, forcing the team to adapt their approach.
• The lawyers explain how they effectively used the "increased risk of harm" causation standard to overcome challenging timeline issues in the case.
• The team discusses their decision not to call certain witnesses, such as the PA and emergency physician, relying instead on medical records as the strongest evidence.
• The verdict of $2.2 million came after a five-hour jury deliberation with a 10-2 decision, reflecting the challenging but ultimately successful case.

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Brendan Lupetin offers a practical strategy for explaining "increased risk of harm" causation to jurors in medical negligence cases. Using relatable examples like a Steelers game and a house fire, he demonstrates how to transform this challenging legal concept from a technical hurdle into a powerful asset. Brendan emphasizes the importance of introducing this concept in opening statements and reinforcing it during closing arguments to ensure juror comprehension.

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In this Trial Nugget, host Brendan Lupetin discusses how trial lawyers can leverage AI tools like ChatGPT to simplify complex legal concepts for juries. As one example, he focuses on the "increased risk of harm" causation framework in medical malpractice. What’s a compelling, relatable way to explain that legal standard to a jury? Brendan shares a prompt that he gave to ChatGPT. Tune in to hear the result.

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