The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation...more
4/15/2019
/ Closing Arguments ,
Defense Strategies ,
Evidence ,
Juror ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Statement of Claim ,
Trial Practice Guidance ,
Trial Preparation ,
Voir Dire
So you have worked up your case for trial and, now the question is, what is the best way to convert all of that factual detail and law into comprehension and persuasion? The answer you’ve probably heard since your first trial...more
Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a...more
We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more
1/29/2019
/ Best Practices ,
Closing Arguments ,
Defense Strategies ,
Evidence ,
Juror ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Trial Practice Guidance ,
Trial Preparation ,
Young Lawyers
“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more
1/22/2019
/ Best Practices ,
Closing Arguments ,
Cross Examination ,
Defense Strategies ,
Juror ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Trial Practice Guidance ,
Trial Preparation ,
Voir Dire ,
Young Lawyers
Just before Thanksgiving, the White House released a statement on U.S. policy toward Saudi Arabia in the wake of the brutal murder of U.S. journalist and Saudi expatriate Jamal Khashoggi. The short version of President...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
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 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
I’ve shared before on these pages that I decided to learn music at an age where most people have either mastered their musical instrument or made peace with their inability to play one. Prompted by my daughter’s interest, I...more
Your opening statement is a lot of firsts. It’s the first opportunity for your judge or jury to hear the story; the first opportunity to hear a preview of your evidence and argument; the first opportunity to see you on your...more
Lately, the nation has been divided, again, on a critical question of public policy. And, again, that division reveals some stark differences in the ways each side views the facts and understands the values at stake. This...more
How do you protect yourself against the nasty flu that is going around this winter? Well, you can partially protect yourself with a vaccination. Introducing your body to a weakened form of the bug helps to build up your...more