Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Podcast - Drowning in Complexity
Podcast: Part I - Reading the Jury
Podcast - How to Use Humor and Anger Effectively in the Courtroom
Preparing for Deposition Success
Podcast - Connecting Separate Pieces of Evidence Clearly, Persuasively
For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated. Many of...more
Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more
When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more
On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more
Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small focuses on the five most common faults of trial lawyers. Mr. Small acknowledges that every trial is different, but steering...more
Key Takeaways from the Santa Clara County Civil Judges - Santa Clara County Civil Judges Preferred Methods of Practice - On March 22, members of the Santa Clara County Bar Association (SCCBA) gathered at McManis...more
Litigants often seek to remove cases to federal bankruptcy court when one of the parties is in or enters bankruptcy. Where the claims at issue are not directly bankruptcy-related, the ultimate destination of the case (i.e.,...more
Jury selection in California is undergoing significant change. In August 2020, the California legislature passed AB 3070, which was signed by Governor Gavin Newsome on September 30. Beginning in 2022, objections to peremptory...more
It is worth remembering: The reasons that we have enforceable rules for a courtroom is to avoid the spectacle that Americans witnessed in the first Presidential debate this year. Commentators across the political spectrum...more
We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...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
In one of the many classic scenes from “My Cousin Vinny,” the hapless defense attorney played by Joe Pesci, delivers his brief but to-the-point opening statement (“Yeah, everything that guy just said is bullshit… Thank...more
The judge looks up at the parties before her, exasperated. Frankly sharing her view that this case really needs to settle, she also implicitly wields the undecided pretrial motions as a weapon. “Let’s resolve this case” is...more
Remember Carl Sagan and the original show Cosmos? It was a beloved series in the late 70’s, not just for its accessible explanations of something as complex as the history of the universe, but also for its ability to evoke a...more
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
As Program Chair for the 2019 DRI Products Liability Conference (February 6-8, 2019, in Austin, Texas – mark your calendars NOW), I have had the privilege of working to arrange some pretty amazing speakers and presentations....more
The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of...more