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James Green Featured Speaker at Unity Summit

James Green

Ashcraft & Gerel is pleased to congratulate senior partner and leader in mass tort law James Green on his recent Unity Summit speaking engagement.

The Unity Summit, held March 13-14, 2014, gathered together speakers from all over the country including attorneys, guest speakers, and Pennsylvania U.S. Congressman Matt Cartwright. Here is a full list of speakers. Held and hosted by the Mississippi College School of Law, an audience consisting of those from the legal, clerical, and academic fields assembled to listen to speakers’ thoughts on the current state of our nation’s First, Second, and Seventh Amendments.

James Green’s speech focused on the Seventh Amendment, which declares our inalienable right to a trial by jury in “suits at common law,” or civil matters. The speech is entitled: “Undermining the Seventh Amendment Impedes the Settlement, Compromise, and Resolution process of Civil Justice. Mr. Green began his speech by giving a brief history of the origins of the Seventh Amendment, dating back to the pre-Revolutionary War era. Afterward, he posed three questions to the audience:

  • What drives a personal injury case to resolution?
  • What is the single greatest action that is either welcomed or feared by the parties involved?
  • What is the universal resolution dynamic in a case?

According to Mr. Green, the answer to all three of these questions is: a jury trial, as is our right under the Constitution. However, Mr. Green argues in his speech that in today’s corporate and technology laden world, jury trials are becoming fewer and fewer when it comes to civil cases, particularly in personal injury cases. Mr. Green explains that this is because we live in a new world. Even a decade ago, attorneys built personal relationships with insurance adjusters. Now, that is virtually unheard of. He says, “Settlement is the new trial.” In light of this new reality, Mr. Green encourages attorneys to break away from being predictable in terms of settlement techniques. He offers these points to attorneys adjusting:

  • Hone negotiation skills
  • Be willing to compromise for the greater good of your client
  • Pay attention to your argument structure so as not to offend the other side
  • Frame your argument from the general to the specific

To view the whole presentation, click here.

Once again, congratulations to James Green on his successful and insightful presentation at the Unity Summit.