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
Sometimes, in the task of communicating technical or scientific information to the public, something can be lost in the translation. Of course, that is often a challenge for expert witnesses in courtroom settings, but...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
Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human...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
In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before...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
We have all used them. It might be a repeated word or phrase like, “I would say,” “it seems to me that,” or “like.” It might be a repeated sound like “uh,” “um,” “ah,” or “er.” Not all of the speech is content; some of it is...more
It’s an implicit mistake that lawyers can sometimes make. They’ll tacitly believe and behave as though, “Reasonable people think like I do.” The trouble is, that isn’t true. Other lawyers think like you do, but lawyers have...more
This past week saw some events most of us thought we would never see: A violent mob rampaging through the U.S. Capitol Building, shutting down a joint session of Congress in order to stop the Constitutional procedure of...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
With the coronavirus levels still raging, trials in most parts of the country are still on hold. But as vaccinations begin to make their slow appearance, it seems to be the time to contemplate the near future, where...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
We know that perceptions of facts can be filtered by a strong partisan lens. Differing narratives regarding the recent election of Joe Biden and Kamala Harris have brought that into sharp relief. While a majority of Americans...more
Q: At the time you signed the contract, did you believe that all of your business partners had the capacity to comply with its terms?
A: Well, here is what was going on when I signed the contract: The business was growing...more
Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat...more
As we are moving up yet another hill on the pandemic case-count rollercoaster, hopefully the last rise before the final descent into a vaccine landing zone, courts are once again pulling back in–person trials, while lawyers...more
All the way back to my days as a public speaking professor and debate coach, I stressed the practical importance of a transition. The goal, I emphasized, is not just the formal nicety of appearing organized, but is rather to...more