Friday, January 31, 2014

July 2013 grad Tom Davenport tells how the TLC methods helped him win justice for his client!

Dear TLC and F Warriors,
 
I started a civil service appeal hearing in October of this year, but I finished it this morning at 1:30 a.m. My client was terminated from her job for several reasons, some seemingly valid and others were trivial.  There were a lot of facts, issues and components to the case.  Because of my recent time at the ranch, in order to prepare, I spent a significant period of time reenacting the scenes with client. This process allowed my client to explain to me the facts and events, and it allowed her to recall facts.  It allowed me to prepare better, and to accurately identify all the danger points of her case.
 
For the first time since I graduated this summer, I developed my trial questions using the TLC methods.  When I finished with the first adverse witness, I could sense the anger of the 5-person civil service panel. I used an extensive amount of the compassionate cross, even when another witness was evasive and mean. It was hard resisting the urge to clobber this witness, but I trusted the panel would become just as frustrated with her as I did.  I felt like I had permission to cut this witness’ throat, but I was doing well and did not think a change in strategy would be beneficial.
 
I followed the methods on the direct examination and it allowed me to bring in a lot of emotions and heartfelt materials. My client was not a client, but a living, breathing human. The setting of the scene brought the board into the scene of the case.
 
My closing stayed true to the TLC methodology, despite my co-counsel insisting on a bullet point format.  It felt right and appropriate to bring in the “bird in the hand” story (thank you Mr. Spence).  I was told that the summary gave many “goose bumps.”
 
I was the panel’s guide.  The panel deliberated and reinstated my client to her job, awarded all the back pay and back benefits that she lost pursuant to the “termination without just cause.”  It was a home run on a difficult and complicated case.
 
I’ve practiced for about 12-13 years and, at times, the use of the TLC methods did not feel natural.  But, through this case and the summer College TLC, I’ve learned that I need new, more effective habits.  I felt compelled to state this publicly because I suspect that some of the new graduates like myself, or even people considering attending TLC, may have difficulty understanding how to employ these methods and still may be  unable to trust the methods.  As with anything new, it was different.  However, it was very effective, efficient and the results are conclusive in this case.
 
Thinking back to what I may have done before the TLC experience and knowledge, I am fairly sure that I would have not been as effective in representing my client.  I now trust the TLC methodology.  On another note, I must say that in addition to the TLC methods, it was nice to have the F Warriors behind me on this case. Everyone was very supportive.  My TLC classmates Corey Scott and Bob Vogel took late night calls and we worked through various issues.  TLC Warriors Colby Vokey, Scott Webre and David Smith provided great advice and support when I was confused and needed help.
 
In conclusion, I believe in the TLC and its methods. I value it and the relationships that were forged at the Ranch and off the Ranch.  It would have been easy and comfortable for me to do what I have always done, but it would have been an injustice to my client.  Please consider my experience when you are tempted not to apply the TLC methods.
 
Thank you TLC, its staff and instructors.   
Thomas D. Davenport, Jr.

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