The Power of Analogy

In every case, you face an insurance adjustor, arbitrator, judge, or jury who makes a decision about the facts in your case. These decision-makers often interpret (or misinterpret) legal concepts and evidence in terms of their own life experiences. Keith Mitnik, Morgan & Morgan’s senior trial counsel, demonstrates how practical stories and analogies help fact-finders better understand the concepts in your cases. As the senior trial lawyer at America’s largest personal injury firm, Mitnik has tried and perfected this approach on cases ranging from minor-impact car crash cases to medical malpractice and tobacco cases. In this presentation, he expands upon the concepts in his bestselling advocacy book, Don’t Eat the Bruises, and teaches how to use analogies in voir dire that can result in more challenges for cause. He shows how analogies in opening statement can create simple references to important concepts that can be used throughout trial; and he also discusses how to discredit def