Thanks to Batson and associated cases, we now have an uneasy working rule on voir dire in U.S. courtrooms: In exercising peremptory strikes, you can pick and choose on any basis…other than discriminatory ones. Basing strikes...more
So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more
The Reptile approach to trying plaintiffs’ cases has been around for a decade. It is now expected that many of those seeking damages in products, medical liability, and other personal injury cases, will use a persuasive...more
In one scenario, a worker is on a ladder, painting a ceiling at a local mall. The mall’s management did not order enough safety lines and the worker decides to go ahead and paint without one. After falling and being seriously...more
You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more
As our team was conducting a recent social media analysis on a jury pool, one particular potential juror stood out. He was, as he proudly proclaimed in his public online messages, a “flat-earther.” And this belief of his,...more
How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more
Jurors and judges sometimes need to understand testimony regarding probability. For a criminal jury, maybe that probability relates to the chances of a false-positive on DNA identification. In a products case, maybe it...more
It is one of the basics emphasized in your first public speaking class: Have a clear transition between your main points. But it is also a rule that many experienced communicators set aside or start taking for granted. As you...more
9/18/2018
/ Bench Trial ,
Best Practices ,
Closing Arguments ,
Cross Examination ,
Defense Strategies ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Rebuttal ,
Trial Practice Guidance ,
Trial Preparation ,
Young Lawyers
The common expression of the recency effect, “Save the best for last,” says that the latter parts of a message will stick in the memory and be ready for later use. The importance of that effect in your trial message has...more
It must be the season for corporate apologies. Twitter is sorry that it allowed itself to be a home for hate groups for so many years. Facebook is sorry that it was a gateway to companies like Cambridge Analytica and a host...more
One way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in...more
The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more
8/23/2018
/ Best Practices ,
Closing Arguments ,
Cross Examination ,
Defense Strategies ,
Eyewitness Testimony ,
Juror ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Rebuttal ,
Trial Practice Guidance ,
Trial Preparation ,
Voir Dire ,
Young Lawyers
We all recognize the scene from a crime drama. Sometime late at night, under the dim lights of the state’s forensic lab, the results emerge from the sophisticated lab equipment: It’s a match! There is now no doubt whatsoever...more
In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more...more
Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a...more