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 | 3 Comments »
If you want to get punitive damages for your client, you need to hone your argument to the jury and prepare yourself for common sticking points. And don’t forget to remind the jury of the deterrent effect of punitive damages or, as they say in England, “the sting of the shilling.”
Filed under: Civil Litigation, Legal Topics, Litigation Strategy | Tagged: damages, jury, punitive damages, trial | Leave a Comment »
You’ve taken depositions and got some great testimony for your case. Unfortunately, the jury wasn’t in the deposition room to hear it. So now that you are at trial, it’s your chance to make effective use of the deposition testimony in front of the jury. But how do you do that?
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy | Tagged: deposition, deposition testimony, evidence, introducing evidence, jury, trial, using discovery at trial | 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 »
When it comes to a jury trial, counsel’s persuasiveness depends to a large degree on his or her credibility, i.e., whether counsel seems to be “playing fair” and not trying to hide the facts. Making too many objections can undermine that credibility, because jurors may believe that an attorney who constantly raises objections is trying to keep them from learning the truth by throwing technical roadblocks in the opponent’s path. When making yet another objection risks the ire of the jury, consider these three alternatives.
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: attorneys, jury, Jury trial, leading questions, trial objections | 1 Comment »
Most attorneys, when planning case strategy, focus on cross-examination, opening statement, and legal questions. But overarching all of these, and fundamental to any case, is this question: “How am I going to make a jury understand my case?” (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: cross-examination, jury, opening argument, trial skills | 4 Comments »
