If you’re like me, you have been clicking into a ton of web-conferences lately. That’s true of the whole business world, but I think the legal workplace is a natural fit for web conferencing. After all, it is a field that is...more
The Coronavirus is exaggerated, the fatality numbers are being cooked, and the media is just hyping the crisis for political reasons. The treatments are being kept from us, and the quarantine is just a dry run for an upcoming...more
During the current coronavirus pandemic, there have been individual differences in the degree of compliance with the social restrictions coming down from city mayors and state governors. As I have written, some of the support...more
After a brief time when it seemed that Americans were coming together in favor of social isolation to slow the spread of the novel coronavirus, it seems that our response is now getting more polarized by the day. As the...more
4/24/2020
/ Bias ,
Business Closures ,
Climate Change ,
Coronavirus/COVID-19 ,
Expert Witness ,
Jury Selection ,
Litigation Strategies ,
Political Parties ,
Protests ,
Scientific Evidence ,
Social Distancing ,
Trump Administration
What’s in a name? In the current pandemic, do you prefer to call it the “coronavirus,” or the “Chinese-” or “Wuhan-Virus”? In addition to that choice being a pretty good litmus test on your partisan leanings, the push toward...more
The state of New York is one of the biggest epicenters for the coronavirus illness in the United States. What has become a ritual within many states, and at the White House level as well, is the “Daily Briefing.” All of the...more
It is something you sometimes hear at election time: The names you’ve never heard on the state and local sections of the ballot actually have a greater effect on your life. But our attention is usually focused on the top of...more
As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines...more
Those of us who work in trial preparation and case assessment are in a remarkable new reality as trials across the country are on indefinite hold. Unlike some past natural disasters and economic disruptions, the one is not...more
Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the...more
3/30/2020
/ Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
Eyewitness Testimony ,
FRCP 43 ,
Litigation Strategies ,
Social Distancing ,
Trial Attorneys ,
Trial Practice Guidance ,
Videoconference ,
Witness Statements
Most of us are now entering our second week, or longer, of isolation to maintain social distance, limit transmission, and help “flatten the curve” of the current Coronavirus pandemic. For lawyers, of course, that generally...more
One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo. As that happens to your own once trial-bound...more
A few weeks ago, presidential primary candidate Joe Biden seemed to be on his way to a quick exit from the race. He didn’t have the crowds, didn’t have the stand-out debate performances, and most importantly, didn’t have even...more
Last week, I wrote about the defense team in the recent criminal case against Roger Stone, and their post-conviction focus on the alleged bias of the jury foreperson. More recently, I saw news of a parallel tack being taking...more
When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a...more
3/6/2020
/ Bias ,
Criminal Prosecution ,
Defense Strategies ,
Juror ,
Jury Selection ,
Jury Trial ,
Litigation Strategies ,
Questionnaires ,
Social Media ,
Trial Practice Guidance ,
Trial Preparation ,
Trump Administration ,
Voir Dire
The art of training legal advocates has a long and honorable history. For example, the Socratic method used in law school is still an unbeatable way to teach critical thinking. But what about trial advocacy? On that score,...more
“Love” may mean, “Never having to say your sorry,” but litigation does not mean that. In some defense cases, sure, what’s needed is an all-out answer that denies everything the plaintiff is saying. But in other cases, there...more
Roger Stone has now been sentenced, following conviction on seven counts of obstruction, false statements, and witness tampering. But for the political fixer and his legal team, the fight isn’t over. In a recent motion, they...more
What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication skills in teaching the jury? The research suggests that expert influence depends...more
Imagine that you have in front of you a Bernie Sanders supporter or a Donald Trump supporter. Go ahead and pick whichever one of those is opposite your own political views. Now, convince them that they’re wrong. Assuming that...more
The word “contagious” these days likely evokes fears of the rapidly spreading coronavirus. The concept has long been applied to cognitive biases, as well. Influential attitudes and experiences can also, like a virus, be...more
“One of the saddest lessons of history is this,” Dr. Carl Sagan once wrote, “If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The...more
Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The plaintiff really was injured, and there really was a step that was skipped on...more
Watching a mock jury deliberate about damages can give you the idea that when it comes to numbers, jurors can be a little random. For example, a jury might see a big difference between $500,000 and $1 million in one moment,...more
Trial lawyers are used to persuading with their arguments and with their evidence. But what about the voice? It stands to reason that tone matters, but does it matter enough to influence persuasion? Some attorneys, even while...more