The content of an opening statement and closing argument is largely determined by the law and evidence. But don’t underestimate how much your presentation style is integral to the persuasion process. (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney style, closing argument, jury, opening statement, oral argument, trial | Leave a Comment »
Jury questionnaires offer the benefits of efficiency and privacy, but when should you use them? (more…)
Filed under: Litigation Strategy, Pretrial Matters, Trial Strategy | Tagged: judge, juror questionnaires, jury, jury questionnaires, jury selection, trial, voir dire | Leave a Comment »
You offer evidence at trial and opposing counsel jumps up and objects. Maybe you expected that particular objection, maybe not. But a well-prepared attorney always has responses to objections ready. (more…)
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: evidence, judge, jury, trial, trial objections | 2 Comments »
When you want to object or argue an objection but you don’t want the jury to hear, you may want to ask the judge’s permission to approach the bench. But beware: the judge may not like it and the jury could get annoyed. (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: bench conference, judge's chambers, jury, objection, trial | 2 Comments »
If a picture is worth a thousand words, then a motion picture is potentially worth much more. When used sparingly, getting a movie before the jury at trial can add a sense of reality, clarity, and drama to the evidence. (more…)
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, authentication, demonstrative evidence, evidence, jury, motion pictures, movies | Leave a Comment »
One more trial decision for you: Do you want to keep nonparty witnesses out of the courtroom while other witnesses testify or let them stay and listen in? (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: courtroom, evidence, exclude, jury, remove, testimony, trial, witness | Leave a Comment »
Lawyers who regularly try cases will tell you that persuasion is used in the opening and finesse is used in the closing. Actually, the finesse involved in refining and structuring the evidence in the closing argument also persuades the jury. Here are some practical tips to being a strong closer at trial. (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Practice of Law, Trial Strategy | Tagged: closing argument, Jury trial, trial | 4 Comments »
Wedding planners always suggest creating a timeline of tasks to accomplish as the big day approaches. Breaking down tasks and assigning them a priority in the buildup to the wedding is both efficient and stress-reducing. Getting to trial can be as hard as getting to the altar, with just as many moving parts to juggle. Here’s a handy timeline of pre-trial tasks that will get you to opening argument with your sanity. (more…)
Filed under: Civil Litigation, Litigation Strategy, Pretrial Matters, Trial Strategy | Tagged: checklist, discovery, opening argument, pre-trial preparation, trial, trial preparation | 5 Comments »
One of the most important tasks when preparing a case for trial is to prepare a trial notebook with everything you’ll need or want during trial. Don’t create your trial notebook to impress a client, an adversary, or another lawyer in your office (although it may do so!); your notebook should reflect your personal style and the particular requirements of the case.
The following should be included in the preparation of your trial notebook: (more…)
Filed under: Litigation Strategy, Trial Strategy, Young Lawyers | Tagged: preparing for trial, trial notebook | 4 Comments »
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Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: criminal trial, handling the media, high-profile cases, media comments, press conference, press release, publicity, trial, trial publicity | 1 Comment »