The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more
1/9/2020
/ Best Practices ,
Closing Arguments ,
Credibility ,
Cross Examination ,
Defense Strategies ,
Eyewitness Testimony ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Trial Practice Guidance ,
Trial Preparation ,
Young Lawyers
A couple of witnesses had about the most high-profile testimony turn imaginable the other day. As the public phase of the House impeachment hearings got underway on Wednesday, the first up to bat were George Kent, top State...more
God is Love - Love is Blind - Stevie Wonder is Blind -Therefore, Stevie Wonder is God -
That’s an exaggerated version of a kind of fallacious thinking that is often used in witness examination. It is a form of the...more
Attorney: “To help prepare you for your testimony, let’s review what they’re going to ask about. They’re going to ask about Smith’s performance reviews.”
Witness: “Okay, I can talk about these…”
Attorney: “Great, so…Why...more
In the days leading up to trial, you wrestle with the task of creating an opening statement in a complex case. Of course, you remember the core advice from your very first trial advocacy class, but the sheer complexity at...more
It is the classic scenario for a false confession: The suspect sits in a small room answering the same questions over and over again as the detective repeating those questions grows more and more exasperated. Finally, as the...more
By Dr. Ken Broda-Bahm: In trial, many things are planned in advance, but some things are reactive during the moment. When you can control it, you’ll meticulously plan it before trial and then execute your plan during trial....more
6/7/2019
/ Bench Trial ,
Best Practices ,
Cross Examination ,
Defense Strategies ,
Direct Examination ,
Eyewitness Testimony ,
Jury Trial ,
Litigation Strategies ,
Rebuttal ,
Redirect ,
Trial Practice Guidance ,
Trial Preparation
For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to...more
Testifying is difficult enough already. You’re trying to give complete and honest answers while a trained attorney is asking hypotheticals, making distinctions, digging into details, sometimes applying arcane legal standards...more
Prior to deposition or trial testimony, it is common for witnesses to have one or more meetings. These are sessions with their attorneys, and sometimes with others including trial consultants or client representatives. One...more
When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination...more
During Christine Blasey Ford’s testimony last Thursday to the Senate Judiciary Committee, at one point I imagined that millions of Americans were doing a double take at her use of the word “hippocampus.” When the witness was...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
In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The...more
When advice is given on a general subject, it can sometimes sound a bit like platitudes. And, as with platitudes, it often seems like one cancels out the other. “Look before you leap,” the saying goes, but, “He who hesitates...more
Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the...more