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© Kim Vaughan Lerner LLP. All rights reserved WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE IN COMMON: YOUR OWN COURTROOM PERSONA

WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

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Page 1: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

WHAT YOU, PERRY MASON AND CLARENCE DARROW

HAVE IN COMMON: YOUR OWN COURTROOM

PERSONA

Page 2: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

WHAT DOES IT MEAN TO BE “GOOD” IN COURT?

• The universal truths:

• There is no one “right” way to do it.

• Be ready to use effective techniques.

• Be yourself.

• Be authentic (believe in your case).

• Different styles are different arrows in your quiver.

• The circumstances dictate which arrow you will use.

• Listen!

Page 3: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

BMI VS. MINICOM: THE FACTS

• 1/3/16: Minicom’s Michael Lubell emails BMI’s Chris Kay to inquire about availability of computer chips on the same conditions as a similar order placed once before, in Sept. 2015.

• Terms in 9/15: Ship within 10 days, insured, using NPS shipping company

• Kay’s assistant, Virginia Young, responds on his behalf to confirm availability of items. Young does not address shipping terms.

Page 4: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

• 1/6/16: Lubell calls Kay to place order. Young answers and advises that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that order should be handled “per the usual agreement” with BMI.

• 1/14/16: Lubell receives bill and letter signed by Young.

• Bill shows previous 9/15 order, with insurance.

• Bill also shows new order but does not indicate insurance.

• After BMI ships the order, it is lost in transit.

BMI VS. MINICOM: THE FACTS

Page 5: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

BMI VS. MINICOM: THE DOCUMENTS

• Exh. 16: 1/3/2016 email from Michael Lubell

• Exh. 17: Virginia Young’s email response

• Exh. 20A: Minicom’s order fax cover

• Exh. 20B: Minicom’s order fax

• Exh. 20C: Minicom’s order letter

• Exh. 22: Virginia Young’s letter

• Exh. 23: BMI’s bill

Page 6: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 16:1/3/2016 EMAIL FROM MICHAEL

LUBELL

Page 7: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 17: VIRGINIA YOUNG’S EMAIL RESPONSE

Page 8: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 20A: MINICOM’S ORDER

FAX COVER

Page 9: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 20B: MINICOM’S ORDER

FAX

Page 10: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 20C: MINICOM’S ORDER

LETTER

Page 11: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 22: VIRGINIA YOUNG’S

LETTER

Page 12: WHAT YOU, PERRY MASON AND CLARENCE DARROW HAVE …...that order must be confirmed in writing. Lubell sends letter and fax confirmation, referring to phone conversation and states that

© Kim Vaughan Lerner LLP. All rights reserved

EXHIBIT 23: BMI’S BILL