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"Advocacy Graphics" Demonstration Cont'd.


Issue #2: Zeeco Corp. v. Rhumoore Products.


(This problem assumes that you are familiar with Issue #1.)
Facts:

The scenario is still the lawsuit by the Zeeco Corp. against Rhumoore Products. Assume now, however, that you have been retained to represent the plaintiff, Zeeco. We will change the facts in two ways. First, the allegedly tortious rumors were initiated in 1982, the leftmost point on the time dimension of our previous graphs. Secondly, assume that Zeeco's profits have been essentially constant up until 1982, followed by the decline indicated in the graphs that we have already seen. You would like to make this post-rumor decline in profits, from 1982 onward, look as precipitous and dramatic as possible. One obvious reason for this is that it helps with the causation part of your case.

Issue:

The draft exhibit shown below was constructed, either in-house by paralegals or by an external expert, to illustrate the profits decline. (This is the exactly the same diagram included as part of the answer to the previous problem.) You have the opportunity to suggest modifications before the diagram is disclosed as a trial exhibit. What suggestions, if any do you have? If you were on the defense side, and wanted to minimize the apparent magnitude of the profit decline, how would you modify the diagram?





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Copyright © 1996, Chas. J. Goetz. Last revised: 10/03/96. 1,018 ;a036.