<meta name="google-site-verification" content="ecAJWSRRKHTsH4ODxSz-Z2rgrJBnOP8epk9bXQy3rjM" />WE ARE PLEASED TO PRESENT MITCHEL LAW FIRM TO YOU FOR ALL YOUR LEGAL REQUIREMENTS IN NORTHWESTERN OKLAHOMA.
Mr Mitchel is a well known and trusted attorney in Northwestern Oklahoma practicing law in the city of Woodward Oklahoma were he is a member of the Woodward County Bar Association, Oklahoma Association for Justice, Association of Trial Lawyers of America, National Association of Criminal Defense Lawyers, Woodward Chamber of Commerce, 101 Classic Bowl Foundation and the Woodward Industrial Foundation.
Mitchel Law Firm, is proud to serve clients in the rural northwestern Oklahoma counties of, Cimarron county, Texas county, Beaver county, Harper couny, Woods county, Alfalfa county, Grant county, Kay county, Ellis county, Woodward county, Major county, Garfield county, Noble county, Dewey county, Blaine county, and Kingfisher county. Mitchel Law provides the best legal services possible to each client they serve. If you are searching for the best attorney, best lawyer, best law firm, to ensure you have the best representation possible then please call or email now.
Adoption in Oklahoma - Bankruptcy in Oklahoma - Contract Law in Oklahoma - Corporate and Business Law in Oklahoma - Criminal Law and Defense in Oklahoma - Estate Planning in Oklahoma - Family Law under Oklahoma Statutes - Financial Institution and Banking in Oklahoma - General Practice in Oklahoma - Insurance in Oklahoma - Real Estate and Property Law in Oklahoma - Personal Injury Law in Oklahoma - Probate Law in Oklahoma - Trial Practice in Oklahoma - Workers' Compensation Law in Oklahoma
Mitchel Law firm
practices in all of northwestern Oklahoma courts but is in the following court rooms on a weekly basis.
Dewey County District Court - Dewey County Courthouse in Taloga, Oklahoma
Ellis County District Court - Ellis County Courthouse in Arnett, Oklahoma
Woods County District Court - Woods County Courthouse in Alva, Oklahoma
Woodward County District Court - Woodward County Courthouse in Woodward, Oklahoma
ADMINISTRATIVE LAW - ADMIRALTY AND MARITIME LAW - ALTERNATIVE DISPUTE RESOLUTION - APPELLATE PRACTICE - BANKRUPTCY - BANKS AND BANKING - BUSINESS LAW - CIVIL LITIGATION - CIVIL PRACTICE - COLLECTIONS - COMMERCIAL LAW - COMMERCIAL LITIGATION - CONSTRUCTION LAW - CORPORATE LAW - CRIMINAL LAW - DIVORCE - DOMESTIC RELATIONS - ELDER LAW - EMPLOYMENT LAW - ENVIRONMENTAL LAW - ESTATE PLANNING AND PROBATE - FAMILY LAW - GENERAL PRACTICE- GUARDIANSHIP AND CONSERVATORSHIP - HEALTH CARE - INSURANCE - INSURANCE DEFENSE - INTELLECTUAL PROPERTY - LABOR AND EMPLOYMENT-LITIGATION - MEDIATION - MEDICAL MALPRACTICE - NATURAL RESOURCES - NEGLIGENCE - OIL & GAS - PERSONAL INJURY - PROBATE - PRODUCTS LIABILITY - PROFESSIONAL LIABILITY - REAL ESTATE - SOCIAL SECURITY DISABILITY - TAXATION - TORTS - TRIAL PRACTICE - TRUST AND ESTATE LITIGATION - TRUST AND ESTATES - WHITE COLLAR CRIME - WILLS - WILLS & ESTATES - WORKERS COMPENSATION
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other matters in which legal advice and other assistance are sought.
Law firms are organized in a variety of ways, depending on the jurisdiction in which the firm practices. Common arrangements include:
Sole proprietorship, in which the attorney is the law firm and is responsible for all profit, loss and liability;
General partnership, in which all the attorneys who are members of the firm share ownership, profits and liabilities;
Professional corporations, which issue stock to the attorneys in a fashion similar to that of a business corporation;
Limited liability company, in which the attorney-owners are called "members" but are not directly liable to third party creditors of the law firm (prohibited as against public policy in many jurisdictions but allowed in others in the form of a "Professional Limited Liability Company" or "PLLC");
Professional association, which operates similarly to a professional corporation or a limited liability company;
Limited liability partnership (LLP), in which the attorney-owners are partners with one another, but no partner is liable to any creditor of the law firm nor is any partner liable for any negligence on the part of any other partner. The LLP is taxed as a partnership while enjoying the liability protection of a corporation.
Restrictions on ownership interests[edit]
In many countries, including the United States, there is a rule that only lawyers may have an ownership interest in, or be managers of, a law firm. Thus, law firms cannot quickly raise capital through initial public offerings on the stock market, like most corporations. They must either raise capital through additional capital contributions from existing or additional equity partners, or must take on debt, usually in the form of a line of credit secured by their accounts receivable.
In the United States this complete bar to nonlawyer ownership has been codified by the American Bar Association as paragraph (d) of Rule 5.4 of the Model Rules of Professional Conduct and has been adopted in one form or another in all U.S. jurisdictions,[1][2] except the District of Columbia.[3] However, D.C.'s rule is narrowly tailored to allow equity ownership only by those nonlawyer partners who actively assist the firm's lawyers in providing legal services, and does not allow for the sale of ownership shares to mere passive nonlawyer investors. The U.K. had a similar rule barring nonlawyer ownership, but under reforms implemented by the Legal Services Act of 2007 law firms have been able to take on a limited number of non-lawyer partners and lawyers have been allowed to enter into a wide variety of business relationships with non-lawyers and non-lawyer owned businesses. This has allowed, for example, grocery stores, banks and community organizations to hire lawyers to provide in-store and online basic legal services to customers.
The rule is controversial. It is justified by many in the legal profession, notably the American Bar Association which rejected a proposal to change the rule in its Ethics 20/20 reforms, as necessary to prevent conflicts of interest. In the adversarial system of justice, a lawyer has a duty to be a zealous and loyal advocate on behalf of the client, and also has a duty to not bill the client excessively. Also, as an officer of the court, a lawyer has a duty to be honest and to not file frivolous cases or raise frivolous defenses. Many in the legal profession believe that a lawyer working as a shareholder-employee of a publicly traded law firm might be tempted to evaluate decisions in terms of their effect on the stock price and the shareholders, which would directly conflict with the lawyer's duties to the client and to the courts. Critics of the rule, however, believe that it is an inappropriate way of protecting clients' interests and that it severely limits the potential for the innovation of less costly and higher quality legal services that could benefit both ordinary consumers and businesses.[4]
Multinational law firms[edit]
Law firms operating in multiple countries often have complex structures involving multiple partnerships, particularly in jurisdictions such as Hong Kong and Japan which restrict partnerships between local and foreign lawyers. One structure largely unique to large multinational law firms is the Swiss Verein, pioneered by Baker & McKenzie in 2004, in which multiple national or regional partnerships form an association in which they share branding, administrative functions and various operating costs, but maintain separate revenue pools and often separate partner compensation structures. Other multinational law firms operate as single worldwide partnerships, such as British or American limited liability partnerships, in which partners also participate in local operating entities in various countries as required by local regulations.[5]
Structure and promotion[edit]
Partnership[edit]
Law firms are typically organized around partners, who are joint owners and business directors of the legal operation; associates, who are employees of the firm with the prospect of becoming partners; and a variety of staff employees, providing paralegal, clerical, and other support services. An associate may have to wait as long as 11 years before the decision is made as to whether the associate "makes partner." Many law firms have an "up or out policy" (pioneered around 1900 by partner Paul Cravath of Cravath, Swaine & Moore):[6] associates who do not make partner are required to resign and join another firm, go it alone as a solo practitioner, go to work in-house in a corporate legal department, or change professions (burnout rates are very high in law).[7]
Making partner is very prestigious at large or midsized firms, due to the competition that naturally results from higher associate-to-partner ratios. Such firms may take out advertisements in professional publications to announce who has made partner. Traditionally, partners shared directly in the profits of the firm, after paying salaried employees, the landlord, and the usual costs of furniture, office supplies, and books for the law library (or a database subscription). Partners in a limited liability partnership can largely operate autonomously with regard to cultivating new business and servicing existing clients within their book of business. However, many large law firms have moved to a two-tiered partnership model, with equity and non-equity partners. Equity partners are considered to have ownership stakes in the firm, and share in the profits (and losses) of the firm. Non-equity partners are generally paid a fixed salary (albeit much higher than associates), and they are often granted certain limited voting rights with respect to firm operations. The oldest continuing partnership in the United States is that of Cadwalader, Wickersham & Taft, founded in 1792 in New York City. The oldest law firm in continuous practice in the United States is Rawle & Henderson LLP, founded in 1783 in Philadelphia.
Termination of one's partnership[edit]
It is rare for a partner to be forced out by fellow partners, although that can happen if the partner commits a crime or malpractice, experiences disruptive mental illness, or is not contributing to the firm's overall profitability. However, some large firms have written into their partnership agreement a forced retirement age for partners, which can be anywhere from age 65 on up. In contrast, most corporate executives are at much higher risk of being fired, even when the underlying cause is not directly their fault, such as a drop in the company's stock price. Worldwide, partner retirement ages can be difficult to estimate and often vary widely, particularly because in many countries it is illegal to mandate a retirement age.[8]
"Of counsel" role[edit]
In the United States, Canada and Japan, many large and midsize firms have attorneys with the job title of "counsel", "special counsel" or "of counsel." As the Supreme Court of California has noted, the title has acquired several related but distinct definitions which do not easily fit into the traditional partner-associate structure.[9] These attorneys are people who work for the firm, like associates, although some firms have an independent contractor relationship with their counsel. But unlike associates, and more like partners, they generally have their own clients, manage their own cases, and supervise associates. These relationships are structured to allow more senior attorneys to share in the resources and "brand name" of the firm without being a part of management or profit sharing decisions. The title is often seen among former associates who do not make partner, or who are laterally recruited to other firms, or who work as in-house counsel and then return to the big firm environment. At some firms, the title "of counsel" is given to retired partners who maintain ties to the firm. Sometimes "of counsel" refers to senior or experienced attorneys, such as foreign legal consultants, with specialized experience in particular aspects of law and practice. They are hired as independent contractors by large firms as a special arrangement, which may lead to profitable results for the partnership. In certain situations "of counsel" could be considered to be a transitional status in the firm.
Mergers and acquisitions between law firms[edit]
Mergers, acquisitions, division and reorganizations occur between law firms as in other businesses. The specific books of business and specialization of attorneys as well as the professional ethical structures surrounding conflict of interest can lead to firms splitting up to pursue different clients or practices, or merging or recruiting experienced attorneys to acquire new clients or practice areas. Results often vary between firms experiencing such transitions. Firms that gain new practice areas or departments through recruiting or mergers that are more complex and demanding (and typically more profitable) may see the focus, organization and resources of the firm shift dramatically towards those new departments. Conversely, firms may be merged among experienced attorneys as partners for purposes of shared financing and resources, while the different departments and practice areas within the new firm retain a significant degree of autonomy.
Law firm mergers tend to be assortative, in that only law firms operating in similar legal systems are likely to merge. For example, U.S. firms will often merge with English law firms, or law firms from other common law jurisdictions. A notable exception is King & Wood Mallesons, a multinational law firm that is the result of a merger between an Australian law firm and a Chinese law firm.
Though mergers are more common among better economies, slowing down a bit during recessions, big firms sometimes use mergers as a strategy to boost revenue during a recession. Nevertheless, data from Altman Weil indicates that only four firms merged in the first half of 2013, as compared to eight in the same period in 2012, and this was taken by them as indicating a dip in morale regarding the legal economy and the amount of demand.[10]
Size[edit]
Law firms can vary widely in size. The smallest law firms are lawyers practicing alone, who form the vast majority of lawyers in nearly all countries.[11][12]
Smaller firms tend to focus on particular specialties of the law (e.g. patent law, labor law, tax law, criminal defense, personal injury); larger firms may be composed of several specialized practice groups, allowing the firm to diversify their client base and market, and to offer a variety of services to their clients.[13]
Large law firms usually have separate litigation and transactional departments. The transactional department advises clients and handles transactional legal work, such as drafting contracts, handling necessary legal applications and filings, and evaluating and ensuring compliance with relevant law; while the litigation department represents clients in court and handles necessary matters (such as discovery and motions filed with the court) throughout the process of litigation.
Anglo-American development[edit]
Boutique law firms[edit]
Lawyers in small cities and towns may still have old-fashioned general practices, but most urban lawyers tend to be highly specialized due to the overwhelming complexity of the law today.[14] Thus, some small firms in the cities specialize in practicing only one kind of law (like employment, antitrust, intellectual property, telecommunications or aviation) and are called boutique law firms.[15]
Virtual Law Firms[edit]
A 21st Century development has been the appearance of the virtual law firm, a firm with a virtual business address but no brick & mortar office location open to the public, using modern telecommunications to operate from remote locations and provide its services to international clients, avoiding the costs of maintaining a physical premises with lower overheads than traditional law firms. This lower cost structure allows virtual law firms to bill clients on a contingency basis rather than by billable hours paid in advance by retainer.[16]
"Megafirms" or Biglaw[edit]
The largest law firms have more than 1,000 lawyers. These firms, often colloquially called "megafirms" or "biglaw", generally have offices on several continents, bill US$750 per hour or higher, and have a high ratio of support staff per attorney.[17][18] Because of the localized and regional nature of firms, the relative size of a firm varies.[19]
"Full service" firms[edit]
The largest firms like to call themselves "Big-Law" firms because they have sections specializing on each category of legal work, which in the U.S. usually means mergers and acquisitions transactions,[20] banking, and certain types of high-stakes corporate litigation. These firms rarely do plaintiffs' personal injury work. However the largest law firms are not very large compared to other major businesses (or even other professional services firms). In 2008, the largest law firm in the world was the British firm Clifford Chance, which had revenue of over US$2 billion. This can be compared with $404 billion for the world's largest firm by turnover Exxon Mobil and $28 billion for the largest professional services firm Deloitte.[21]
Worldwide[edit]
The largest law firms in the world are headquartered primarily in the United Kingdom and the United States. However, large firms of more than 1,000 lawyers are also found in Australia (Minter Ellison (1,500 attorneys), China (Dacheng 2,100 attorneys) and Spain (Garrigues, 2,100 attorneys). The American system of licensing attorneys on a state-by-state basis, the tradition of having a headquarters in a single U.S. state and a close focus on profits per partner (as opposed to sheer scale) has to date limited the size of most American law firms. Thus, whilst the most profitable law firms in the world remain in New York, four of the six largest firms in the world are based in London in the United Kingdom.[22] But the huge size of the United States results in a larger number of large firms overall – a 2003 paper noted that the United States alone had 901 law firms with more than 50 lawyers, while there were only 58 such firms in Canada, 44 in Great Britain, 14 in France, and 9 in Germany.[23] There is an increasing tendency towards globalisation of law firms.
Due to their size, the U.S.- and U.K.-based law firms are the most prestigious and powerful in the world, and they tend to dominate the international market for legal services. A 2007 research paper noted that firms from other countries merely pick up their leftovers: "[M]uch of the competition is relatively orderly whereby predominantly Australian, New Zealand, and Canadian firms compete for business not required by English or American law firms."[24]
Recession[edit]
As a result of the U.S. recession in 2008 and 2009 many U.S. law firms have downsized staff considerably, and some have closed. The Denver Post reported that major law firms have cut more than 10,000 jobs nationwide in 2009.[25] On February 12, 2009, Bloomberg reported that 700 jobs were cut that one day at law firms across the country.[26] Among the firms closed included Heller Ehrman, a San Francisco-based firm established in 1890[27] and Halliwells of the UK.[28] Among those that survived, law firm layoffs became so common that trade publications like American Lawyer produced an ongoing “Layoff List” of the law firms nationwide that cut jobs.[29]
Salaries[edit]
Law firm salary structures typically depend on firm size. Small-firm salaries vary widely within countries and from one country to the next, and are not often publicly available. Because most countries do not have unified legal professions, there are often significant disparities in income among the various legal professions within a particular country. Finally, the availability of salary data also depends upon the existence of journalists and sociologists able to collect and analyze such data. The Association of Legal Administrators (ALA) produces an annual study on Law Firm Compensation and Benefits, and can be found at http://alanet.org/compsurvey
United States[edit]
The U.S. is presently the only country with enough lawyers, as well as journalists and sociologists who specialize in studying them, to have widely available data on salary structures at major law firms.
In 2006, median salaries of new graduates ranged from US$50,000 per year in small firms (2 to 10 attorneys) to US$160,000 per year in very large firms (more than 501 attorneys). The distribution of these salaries was highly bimodal, with the majority of new lawyers earning at either the high end or the low end of the scale, and a median salary of US$62,000.[30] In the summer of 2016, New York law firm Cravath, Swaine & Moore raised its first-year associate salary to $180,000. Many other high-end New York-based and large national law firms soon followed.
The traditional salary model for law firm associates is lockstep compensation, in which associate salaries go up by a fixed amount each year from the associate's law school graduation. However, many firms have switched to a level-based compensation system, in which associates are divided into three (or sometimes four) levels based on skills mastered. In 2013, the median salaries for the three associate levels were $152,500, $185,000 and $216,000 among large firms (more than 700 lawyers), and $122,000, $143,500 and $160,000 among all firms.[31]
Some prominent law firms, like Goodwin Procter and Paul Hastings, give generous signing bonuses (e.g., $20k)[32][33] to incoming first-year associates who hold JD/MBA degrees.
Another way law firm associates increase their earnings and /or improve their employment conditions is through a lateral move to another law firm. A recent survey by LexisNexis, indicated that over 95% of law firms consulted intended to hire lateral attorneys within the next two years.[34] Though the success for both the attorney and the law firms in lateral hiring has been questioned. The National Law Review reported that the cost of recruiting, compensating, and integrating a lateral attorney can be upwards of $600,000 and that 60% of lateral attorney hires fail to thrive at their new law firms.[35]
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It takes a strategic plan and strategy for generating the desired results
I understand and serve my client complete needs for their legal, personal, and professional requirements for defending their their name, reputation, finances, and freedoms in some cases. I am dedicated to their interest in every way and still enjoy the relief I see in clients faces the moment after the retainer is paid and they realize I am not passive aggressive in anyway and I actually love to fight for my clients and their rights I am very intelligent with a knowledge that is cunning, keen, calculated, and I am confident, in my knowledge of the laws and the statutes of Oklahoma and their meaning and the legal definitions down to the words that define them.
Oklahoma law is based on the Oklahoma Constitution (the state constitution), which defines how the statutes must be passed into law, and defines the limits of authority and basic law that the Oklahoma Statutes must comply with. Oklahoma Statutes are the codified, statutory laws of the state. That are currently has 90 titles though some titles do not currently have any active laws.
Laws are approved by the Oklahoma Legislature and signed into law by the governor of Oklahoma. Certain types of laws are prohibited by the state Constitution, and could be struck down (ruled unconstitutional) by the Oklahoma Supreme Court.
TO BE CONVICTED YOU MUST BE FOUND GUILTY
IF YOU CONFESS IN ANYWAY ADMIT GUILT OF VIOLATING A LAW = AUTOMATIC CONVICTION
Police will try to get you to confess and admit guiltso that they no longer have any burden of proof.
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Are you searching for the best law firm law office lawyer or attorney for legal services in the Dewey County District Court - Are you searching for the best law firm law office best lawyer or attorney for legal services in the Dewey County Courthouse in Taloga, Oklahoma - Are you searching for the law firm law office best lawyer or attorney for legal services in the Ellis County District Court - Are you searching for the best lawyer or attorney for legal services in the Ellis County Courthouse in Arnett, Oklahoma - Are you searching for the law firm law office best lawyer or attorney for legal services in the Woods County District Court - Are you searching for the law firm law office best lawyer or attorney for legal services in the Woods County Courthouse in Alva, Oklahoma - Are you searching for the law firm law office best lawyer or attorney for legal services in the Woodward County District Court - Are you searching for the best lawyer or attorney for legal services in the Woodward County Courthouse in Woodward, Oklahoma
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Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
When an individual makes the decision to not have an attorney represent them and their interest in regards to a court proceeding... Its the same every time when the words are heard in the court room. "I'm going to represent myself,".... everything stops for a second, the judges sigh and then look down to their desk, the opposing councel or district attorneys snicker, and even the court reporters laugh under their breath. Over the past 45 years I have practiced law, I can tell you that I've been on the opposite side of those who have chosen to represent themselves many many times and it was a horrible experience for the individuals who tried to represent there self every single time... It wasn't pleasant.
In 1975 the U.S. Supreme Court held that the Sixth Amendment "grants to the accused personally the right to make his own defense," many people have decided to take the law literally into their own hands. I personally have never seen or even heard of a single case that had favorable results for any individual representing there self.
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Mitchel Law Firm
1725 Oklahoma Avenue, Woodward, OK 73801
Office: (580) 256-1520 Fax: (580) 256-1528
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Litigation strategy is the process by which counsel for one party to a lawsuit intends to integrate their actions with anticipated events and reactions to achieve the overarching goal of the litigation. The strategic goal may be the verdict, or the damages or sentence awarded in the case. Alternatively, in the case of impact litigation (also known as strategic litigation) the goal may be more far-reaching, such as setting legal precedent, affecting consumer-safety standards, or reshaping the public’s perception of a societal issue.[1] Broader goals and more challenging cases require a strategist with a greater understanding of, and facility with, the tools of litigation strategy.
Attorneys who apply advanced strategic concepts (such as Maneuver and the Boyd Loop), which are not taught in most law schools, may gain a decisive advantage over attorneys who are unfamiliar with the skill set and who, because of their unfamiliarity, can be unwittingly maneuvered into disadvantageous actions. The resulting imbalance has led to academic criticism of the use of advanced strategic techniques. Professor Hugh Selby of Australian National University's College of Law has been particularly critical of its use by prosecutors, who already wield the massive power of the state against often poorly resourced defendants.[2] The counterargument is that strategy can correct already-existing imbalances in the system, allowing a sole or two-attorney law firm with an indigent client to level the playing field against a large law firm with a wealthy corporate client, and allowing attorneys with little trial experience to effectively try cases against vastly more experienced opposing counsel.[3]
Contents
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Description[edit]
Strategy is the process of designing and achieving a desired final outcome.[4] Basic litigation strategies organize a case so that it has a cohesive focus. Advanced strategies will anticipate and even shape events, decisively guiding the situation to the desired outcome. Litigation strategies are either primarily direct or primarily indirect, though they usually include elements of both.[5] In litigation, direct strategies argue what the law does or does not say; what the facts are or are not; or who has the more believable witnesses. Indirect strategies, on the other hand, shift the point of conflict, alter perceptions of what is central, or undermine the opposing counsels’ case without direct confrontation, often through deception, surprise or misdirection of the opponent—though never of the jury.[6]
Trial advocacy offers a number of tools and methods for constructing sound strategies.
Tools of litigation strategy[edit]
Case diagrams[edit]
With this organizational tool, attorneys list the elements of the case they are required to prove (or intend to disprove) then list all the evidence they intend to leverage in support of each element. The purpose is to ensure they address all the issues of the case, and make certain that meeting one element does not require undercutting the evidence in support of another.[7]
Theme and theory[edit]
These messaging tools bring force and greater direction to the evidence.[8] The theme is a sound bite that encapsulates logic or emotional force of the attorney’s case. The theory of the case is a logical description of events that the attorney wants the judge or jury to adopt as their own perception of the underlying situation. The theory is often expressed in a story that should be compellingly probable.[9]
Theme and theory become strategic tools when they serve as the core for the organization of the case; when every aspect of the trial, including the actions and reactions of the adversary, are organized and incorporated in support of them. Practically, this is usually accomplished by writing the desired closing argument first, and backward planning from that argument.
Maneuver strategy[edit]
The OODA Loop
This model notes that in decision-making, individuals (witness, opposing counsel, jurors) go through a process of observation (receiving information), orientation (deciding what the information means to them and what they might do about it), decision (picking a course of action from among the possibilities), and then acting (taking the course of action).[10] Like most models, the OODA Loop is not a technical description, but rather is a tool for illustrating important points for strategists.
While litigation presents opportunities for information denial through the rules of privilege and work product, even more opportunities to shape the conduct of opposing counsel and hostile witnesses arise in the orientation phase.[11] Psychology offers deep insights into how individuals perceive and misperceive information. Moreover, an individual’s perception of a situation affects how he frames his decisions. By altering perceptions, litigators can shape the decision the party will make.[12] Coupling this understanding of psychology with utility theory / economic game theory, attorneys can set the stage for adversarial parties to take actions that serve the attorneys’ plan.[13] At the same time, the attorneys must protect their own decision-making while retaining a degree of control over the evolving situation. [14] The methods for protecting one’s own decision-making include making accurate predictions (using tools from psychology and utility theory), validating planned actions, having a clear focus of effort and information flow, and building sound, powerful, and flexible plans, as can be done using a “line of effort.”[15]
Lines of effort[edit]
A line of effort can organize the attorneys' planned actions in the way a case diagram organizes their evidence. Because of the uncertainty inherent in trial practice, the litigators’ strategic plan must be powerful, yet flexible, to remain effective. The line of effort produces the needed power and flexibility by structuring the plan around the purpose and an achievable end state that realizes the purpose, the aims (the elements necessary, or chosen to achieve the end state), and the levers or effects (the actions the counsel can take that are likely to bring about the targeted aims). [16]
The visual nature a line of effort allows the attorneys using it to see the entirety of the trial, ensuring their plan comprehensively addresses the situation, and identifying points of high uncertainty where having prepared branch plans would be prudent. It further allows the attorney to exploit unexpected opportunities with an understanding of what elements of his/her plan will be enhanced and which will require further adaptation, making the opportunistic action not only clear-sighted, but focused and efficient.
In a fluid situation, any levers or aims rendered obsolete by changes in the situation are swapped out, retaining the bulk of the previously analyzed and validated plan intact, and providing a clear focus for the branch plan or substituted actions.[17]
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1. Definitions
"Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
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Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
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to Distribute and Publicly Perform Adaptations.
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You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.
You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you must comply with the terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and (iv) , consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
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This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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8. Miscellaneous
Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
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