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“Through patience a ruler can be persuaded, and a gentle tongue can break a bone.”

— Proverbs 25:15

“Persuasion is clearly a sort of demonstration, since we are most fully persuaded when we consider a thing to have been demonstrated.”

— Aristotle, Discourse on Rhetoric

There are two critical elements in the successful presentation of any case in court. The first has to do with the substance of the argument and the claim; does the evidence support the argument and is the claimant entitled to what he is seeking? These are the nuts and bolts of your case and much of the rest of this book will focus on these things to equip you to manage your case through the legal system to a successful outcome. But, the second element – persuasion – is at least as important as the first, and while we will spend the rest of this chapter discussing what it is and isn’t, you won’t hear one word about where to find more of it.

That’s because persuasion is a skill that you have to discover – and develop – from within yourself.

Persuasion is the single most important element you must provide in presenting your case. With or without lots of solid evidence and testimony, if you succeed in persuading the judge or jury, you will win your case. Likewise, if you are unpersuasive in your presentation – even if you’re case is woven through with heavy cords of undisputed evidence – you will surely lose.

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One of my favorite high school coaches and teachers passed away this morning. Dr. Eugene Moran. He always chastised me when I addressed him by Dr. and really preferred being called Coach or Rocky.

I have so many fond memories about the times in Coach Moran’s class and on the ball field. Most teachers and coaches probably never realize the positive impact they have on their students and players. Coach Moran – along with others at NHS – had a profound impact on my life. At so many decision points in my life I have been able to look back at the principles that he taught us all – simple principles but nonetheless profound principles.

Like

– Hard work is necessary for success

– Be Joyful in whatever you do

– Be kind and considerate to your classmates and teammates

– Strategy is necessary to diagram a sentence or score a run

– Friendship is important

– Honesty

– Confidence

– Discipline

– Leadership

– Team building

– Responsibility

– Determination

– Loyalty

Some of my fondest memories are from the lessons I learned from him as a coach on the baseball field. Fundamentals, he taught, wins games. So at practice we bunted, ran the bases and had sliding practice. He taught us that smart playing, not just hitting, scored runs. Defense won games. Many of our games were 2-1 or 3-2 wins. If a player missed sliding practice, like his favorite first baseman, he did not start the next game. He had the ability to make everyone a better player and contribute to the team. We always had fun, because of his engaging personality and winning ways. The product was a Bi-County Championship – the equivalent of a state championship as there were no state playoffs in those days.

Coach Moran and his colleagues -Mann, McNeilis, Edwards, Gallagher and many others – were a very close nit group of friends who enjoyed their work and play to the utmost. By their example they passed on the value of friendship and joyful living.

I discussed with THE COACH on numerous occasions the remarkable goodness of the teachers and students at our school, Northwestern High School in Hyattsville, MD. Certainly, our parents were a big factor, but he as a teacher was a significant part of the puzzle of success.

My wife Sandy, who absolutely adored Dr. Moran, and I would look forward to his personal Christmas Note every year. I would later find out that he wrote a personal note to many of his students and baseball players. He will surely be missed by his family, friends , students and players, but his example will live on forever in our hearts and lives as we attempt to pass it along.

I am so Thankful for all Dr. Eugene Moran did for me in those years. My hope is that I can pass a little of it on to the next generations.

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March 2010 – In Memorium – Brent Willard Carlson

1943-2010

Judge Arthur M. Monty Ahalt (Ret.)


In 1961 I met Brent Carlson while a student at the University of Maryland when we both pledged at the SAE fraternity. He was a freshman and I was a sophomore. I knew that a friendship was likely in store as my then girl friend, now wife, Sandy, said after meeting him at a social – “I really liked that red head.”. I should have known then that he would become one of my best friends. We both were married shortly after that and coincidentally, moved into apartments right across the street from each other. Brent was a freshman majoring in agricultural economics and I was a sophomore in agriculture economics. Brent was determined to graduate with me – Paige was on her way and he was a man in a hurry to take over the world. Somehow he convinced the dean to take night courses
– something that was never allowed – 24 credit hours a
semester. We would take many of the same courses and by watching each others lights across the street, we would see who stayed up the latest studying. I would claim that he just left the light on and was sleeping – but I am sure he was really burning the midnight oil. He reached his goal and we both graduated in 1964. He graduated in 3 years. He took a job with Ford and I went to law school at American University. We continued our friendship, meeting every Friday for lunch at Maggie’s restaurant on Wisconsin Ave, in Washington DC.
Ford was just several blocks away and American several
more. Life was very busy for both of us , young families, I worked a full time night job in addition to law school and Brent was outworking everyone at Ford. There just wasn’t time to get our families together so we started a tradition of meeting at each others house on New Years day – a tradition that continued until Wendy passed away.
The measure of a man is his character and the character traits and gifts that he was endowed with by his creator. I am sure every one might identify different ones for Brent – but here are my top five –
1. Persistent and Zealous
2. Diligent
3. Fair
4. Determined
5. Loyal
Lou Holtz is fond of quoting Aseop who penned the phrase – “when all is said and done – more is said than done” – with Brent it was always – more done than said. Brent was a man of few words but many actions. He moved at “warp” speed long before the term was made famous by Star Wars. Wendy, his wife, often was reining Brent in from going too fast. My son Kevin described this characteristic as “a spontaneity that made Brent fun to be around and lifted up everyone around him”. He remembered one instance on New Years’ Day when Brent tackled, to the surprise of everyone, Wendy on the couch – “stop it Brent” Wendy intoned and we all shared a hearty laughed.
In all that Brent did a pattern could be seen –
1. He always had a vision
2. There always was a strategy – Brent was a very
strategic thinking individual. He would figure out a
method to win.
3. Enthusiasm – if you look that word up in Webster, you
might be surprised to learn that it is the power of the
Spirit of God
4. And work work work – no one out worked Brent. He
was the first in the office and the last to leave in the
evening.And that was after arising at 4 AM , running his
5-10 miles, mucking out Wendy’s stalls, feeding the
horses and still being the first one to arrive at work.
Brent had a keen desire to compete. He wanted to be first.
And he knew that success was never about the individual. So at Xerox Brent was known as one of the most organized leaders, always enthusiastic, always committed to the success of everyone else. He was a great team leader.Never did he have a negative thought or word. He once told his friend, Curt Tyrrell, that the first thing you need to do every year is to figure out the compensation plan – because management was always trying to change things in their favor.
Very early in his career – when Xerox had a push to put coin operated copy machines in retail stores – Brent went out and sold machines to every Sears and Roebuck store in the nation establishing a national account. Never mind that it broke all of the Xerox sales territory rules and that he had to fight for a very well deserved and large commission. But he did it and he became the Xerox salesman of the year. Because of his many admirable character traits, his engaging personality traits and his winning ways, Sandy and I were privileged to name our 2nd son, Brent after our friend Brent Carlson. It was interesting when our Brent was also born with red hair and has developed many of those same winning ways.
I had the privilege of meeting with Brent many times over the last 7 or so years and observed how all of these many traits helped him deal with his constantly deteriorating physical condition. And in our discussions it was clear that he had developed a deeper connection with his God.

Brent knew Jesus as his personal Lord and Savior and was looking forward to spending eternity with Him. As Paul told Timothy in the the Scriptures. – ” I have fought the good fight, I have finished the race, I have kept the faith.” And so Brent has fought the good fight and finished the race. Brent ,while
we will meet again, we all will miss your enduring qualities and winning ways.

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What is On-Line Dispute Resolution ?
What is ODR ?
Online Dispute Resolution provides the ability for two (or more) disparate parties to settle their dispute using the Internet. Sometimes this involves lawyers and mediators and sometimes it does not. It depends on the vehicle/provider that the parties agree to utilize to dispute their claim.

Traditional cases can be settled using the Internet, but the most common use these days involves disputes that have come out of the business of the Internet, e.g., Square Trade, used by eBay to mediate eBay trading disputes online and ICANN, the internet domain registration coordinator, vehicle for settling disputes over rights to domain names.

Outside of the embedded ODR vehicles that eBay and ICANN provide, there are several different models of dispute resolution provided by public and private entities. Some simply assist with negotiation and some completely automate negotiation where an arbitrator or mediator is not required. When arbitrators and mediators are involved, the systems are more sophisticated and many times representation will also take place either before the process starts or during the preliminary stages of the process.

Some ODR systems provide weight balancing mechanisms on terms. This will assist parties with analyzing the disparity between the parties and offer hints as to how the parties can attempt to meet half-way. Sometimes when one sees a more scientific presentation of the facts, it may make it easier to come to terms. This indeed may be one of the strengths of ODR over traditional ADR and will play out as a future feature of ODR systems.

Calculating the BATNA (Best Alternative to a Negotiated Agreement) for a party after they submit their claim may help to overcome the strongest psychological barrier that drives the party to dispute resolution in the first place. According to de Vries, Berend R., Ronald E. Leenes & John Zeleznikow of Tilburg University in the Netherlands, in their article entitled, “Fundamentals of Providing Negotiation Advice Online: the Need for Developing BATNAs” iv, most parties have an unrealistic view of the potential outcome of their case. Weight balancing of negotiation points could play a key role in the future of ODR.- tinidazole pills for sale

Wikipedia

by Judge Arthur Monty Ahalt – November 19,2009

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