The courtroom trial is one setting where lawyers feel they can sometimes dial up the dramatic delivery. In the hands of some, that liberty can lead to an overbearing style. One question with the newer Zoom environments is...more
We’ve all heard the standard language in drug commercials: After a string of increasingly dire warnings about risks and side effects (a list that seems to nearly always end in “death”), a cheery voice will urge you to, “Ask...more
“Looking back at this situation, what if anything would you do differently?” Witnesses can be asked that question in a variety of case types: medical malpractice, products liability, contract, fraud, and really anything that...more
At a recent meeting with a witness to prepare for deposition testimony, and after I told the witness (more than once) to keep their answers short and not to stray beyond the question when answering, the witness asked, “Could...more
“Seeing is believing,” and based on the social science, we tend to apply that adage even when the visual aid does not rationally add to the substantive proof. Visuals makes things easier to call to mind later (which makes...more
We know that movie viewers love a plot twist. A surprising turn of events can make a movie memorable, and in films like “The Usual Suspects,” or “The Sixth Sense,” your understanding and perspective on a story can suddenly...more
My daughter is a figure skater — the kind of skater who practices six days a week. Each one of the complex jumps that a skater executes involves dozens of fine-motor movements that need to be encoded into the skater’s muscle...more
During the ongoing pandemic, courts have been understandably reluctant to invite large numbers into their chambers for trial, and particularly for jury selection. That situation has driven renewed consideration of...more
The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two...more
As a defendant thinking about your risk in the run up to civil trial, you probably have some idea of what your case is worth. But you also know, and have likely used, the expression, “Anything is possible with a jury.” There...more
What drives the motivation to not just compensate but to punish? When it comes to considering the purpose and amount of legal damages, the defense will predictably want a jury that, if they get to that stage at all, is...more
It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular meetings by video web-conferencing, we’ve come to fully grasp the reality...more
At this point, I will wager that we’ve all seen the hilarious video from the 394th Judicial District Court of Texas, where an attorney, unable to remove a filter that changes his face into a cat’s, nonetheless confirms that...more
We’ve now had quite some time to settle into the coronavirus and its social restrictions. If you are like me, you might have even developed a twitch every time you hear the phrase “New normal.” We know that we are living in...more
In the classic movie, Monty Python and the Holy Grail, there is a scene that is familiar to fans. It is medieval plague-ridden times, and a man pulls a cart through a village, calling, “Bring out yer dead!” When one body is...more
At this point, approaching our quarantine anniversary, we have all done our fair share of business on Zoom. We know that keeping our attention on the small screen can be a challenge, even for an hour-long meeting. Now,...more
As it was in the first time around, the result for Donald Trump’s second impeachment trial seems to be a foregone conclusion: There is no foreseeable scenario that would have 17 republican senators crossing the aisle to vote...more
“We are not supposed to talk about this.” If you’re observing a mock trial, that is often something you hear from one of the mock jurors…just as they begin to talk about it: insurance coverage and attorneys’ fees. Strictly...more
Artificial Intelligence (AI) continues to evolve and to incorporate its way into our lives. Versions of AI now routinely tell Americans where to eat, what routes to take, and what movies to watch. Artificial Intelligence is...more
It was just about a year ago that we all started hearing about a novel virus originating in China. A few months later, as American courts ground to a halt, or moved forward haltingly, it started to create the backlog of cases...more
With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone...more
In the case of any argument or persuasive appeal you are making, you can ask the question, “Who are you aiming at?” In a jury trial, your answer might be, “The jury, of course.” But who on that jury are you aiming at in...more
The damages category of “pain and suffering” is notoriously uncertain, at least in jurors’ estimation. The act of quantifying and monetizing a plaintiff’s subjective experience associated with a loss or an injury can be a...more
There is one question that is particularly important in the context of current high-profile jury trials in the midst of the continuing pandemic, but the question really applies to all trials: Why would we gather large numbers...more
With only a miserly share of current cases ending up in a jury trial, the story on the state of the American jury is definitely a tale of dread, but also one that still has a little light at the end if the right changes could...more