Experts have a tough job translating sometimes technical detail to lay audiences and working closely with a party to the litigation while still maintaining the role of “teacher” rather than “advocate.” Some excellent and...more
11/2/2018
/ Defense Strategies ,
Expert Witness ,
Judges ,
Juror ,
Jury Trial ,
Litigation Strategies ,
Reconstruction ,
Trial Plan ,
Trial Practice Guidance ,
Trial Preparation ,
Young Lawyers
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
Our ability to understand and to talk to each other is increasingly determined by our political leanings. When we all sit down for family Thanksgiving in a couple of months, politics is likely to be off limits at many tables....more
It must be the season for corporate apologies. Twitter is sorry that it allowed itself to be a home for hate groups for so many years. Facebook is sorry that it was a gateway to companies like Cambridge Analytica and a host...more
In the wake of recent verdicts, the Johnson & Johnson defense team might be seeing its hopes of convincing jurors to follow its scientific advice going up in a cloud of smoke…or perhaps a cloud of potentially carcinogenic...more
One way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in...more
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
Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the...more
What do we expect of our leaders? If you think about it in a political context, and if you get past your initial cynical thoughts about self-interest and corruption, then perhaps what you hope for is that our leaders make...more
Canada has an odd system for determining juror bias in some cases. Referred to as a “trier’s process,” it involves the section of two jurors, who do not otherwise go on to become jurors in the case, but are instead charged...more
There is often something distinctive about the person bringing a case. Whether they are the victim in a discrimination or harassment case, a whistle-blower in an employment case, or a number of other case types, their act of...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
In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more...more
How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you...more
6/18/2018
/ Bias ,
Defense Strategies ,
Juror ,
Jury Selection ,
Jury Trial ,
Litigation Strategies ,
Peremptory Challenges ,
Race Discrimination ,
Reverse Discrimination ,
Voir Dire ,
Young Lawyers
Litigation is often complex and often unwanted. So sometimes, you want someone to manage that litigation to a swift and clear conclusion. Other times, however, the forum of the trial is actually what is best for your client....more
Lately, I’ve seen increasing reports of people voluntarily separating themselves from the news. Often, this means taking a break from Facebook and its ubiquitous “Newsfeed.” In other cases, however, it involves people...more
In the long-running legal battle between mobile phone titans Apple and Samsung, the former just received a verdict of $539 million for the latter’s infringement of five design and utility patents. After spending days on the...more
5/31/2018
/ Apple ,
Apple v Samsung ,
Calculation of Damages ,
Damages ,
Jury Trial ,
Jury Verdicts ,
Litigation Strategies ,
Punitive Damages ,
Rape ,
Samsung ,
Young Lawyers
In popular culture, and to some extent in the preparation of trial lawyers, the ultimate focus is the trial. We think of that as the pinnacle moment for advocacy: in the courtroom, looking into the eyes of the judge or the...more
Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive...more
Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by...more
Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more
The jurors have made it through the trial, reached their verdict, received their thanks, and are headed to the exits. How do they feel about their experience? What do they think the lawyers did well, and what do they think...more
In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The...more
It is well-known at this point that civil trials are giving way to settlements. One of the factors that make settlement the more attractive alternative is that settlement is an uncertainty reduction strategy: The known amount...more