Sometimes greater confidence is the last thing a witness needs. When your fact or expert witness is arrogant, unprepared, or careless about their upcoming testimony, they might need a reality check through a preparation...more
Less than a year ago, in late 2019, the pharmaceutical industry came in dead last in a favorability contest with twenty-five other industries. According to that Gallup Poll, only a little more than a quarter of the population...more
I was talking with a long-term client the other day, and he shared that he’s experiencing something that I’ve been feeling as well: A harder time staying sharp and focused these days. With the continuing stress and looming...more
It is taking a while to get back to normal, isn’t it? As states and businesses are starting to re-engage after the coronavirus isolation, courts are taking their time. The chances for routine scheduling, particularly for...more
Might a fear-based strategy have greater purchase in the present pandemic climate? People are certainly feeling scared and vulnerable these days. Even as states begin to relax the coronavirus stay-at-home restrictions, the...more
5/15/2020
/ Bias ,
Coronavirus/COVID-19 ,
Court Closures ,
Defense Strategies ,
Government Lockdown ,
Juror ,
Jury Trial ,
Litigation Strategies ,
State of Emergency ,
Trial Attorneys ,
Trial Practice Guidance
As our lives have shifted, so have our attitudes, and the current social context may be widening the distance between ordinary Americans and large corporations. It was never a close connection to begin with, of course, since...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
These days, instead of spending our days in offices, conference rooms, and courthouses, we are likely spending those days in front of laptop web-cameras, negotiating our business lives in this new medium. I have noticed that...more
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 can be helpful to think of the information that we are exposed to in the same way as we think about the food we consume: a diet. Like a diet, the information consumed is not the same for everyone, and it is not the same...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
While it still might be a stretch, it is a lot more thinkable now than it was two weeks ago. The jurors sit down separately in front of their screens, log in, and watch while the attorneys and witnesses present the evidence,...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
As the Coronavirus spreads, and mock trials are being rescheduled, many courts are restricting operations or shutting down completely, and people are rapidly adapting to a new normal of restricted events and “social...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
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