Witness preparation varies from case to case and from witness to witness and there’s no one correct method or simple formula. But there are some things you should always do when preparing a witness for trial. (more…)
One of the most embarrassing and damaging things that can happen to plaintiff’s counsel during trial is a defendant’s successful motion for nonsuit after the plaintiff’s opening statement. Even though the plaintiff normally gets another chance, the experience is shattering. Make sure this doesn’t happen to you!
There are some pretrial tasks you shouldn’t delegate. It’s critical that trial counsel see and hear each witness before trial begins and take the time to carefully prepare the witness to testify. (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney, attorney-client privilege, cross-examination, lay witness, trial, witness, witness preparation | Leave a Comment »
Although very similar, there are differences between questioning a witness at trial versus at deposition. Do you know the differences and why they matter? (more…)
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Young Lawyers | Tagged: cross-examination, direct examination, discovery, oral deposition, questioning, trial | 3 Comments »
Survey evidence can be very useful in some cases, but questions are growing about its reliability. By knowing the issues involved with surveys, you’ll be better able to successfully use or oppose survey evidence. (more…)
Filed under: Business, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: evidence, expert witness, survey experts, surveys, trademark, trial, unfair competition | Leave a Comment »
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy, Young Lawyers | Tagged: deposition, direct examination, questioning, trial, trial objections, witness | 6 Comments »
The general rule in organizing statements presented to the jury is the same used by teachers with children: Tell them what you’re going to tell them; tell them; and then tell them what you’ve told them.
Direct examination can look deceptively easy when all of the effort has gone into the preparation. Here are some ways to make your carefully-planned direct even better. (more…)
Photographs are an important tool in personal injury cases. Photos can have a great impact on the jury—they may even help jurors understand the issues more clearly than any words you can speak. (more…)