5 Rules to Minimize Expert Contamination

181587139Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with information on the case’s weaknesses and problems. Five simple rules will help you minimize the risk of unnecessarily imparting harmful information to your expert. Continue reading

What to Do about an Incompetent Interpreter

455104761A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent? Continue reading

Put Chambers Chat on the Record

117533578Right before the trial begins, trial judges routinely invite counsel into chambers to explore areas of agreement and disagreement, anticipated trial objections, and how certain matters will be handled at trial. These conversations may feel informal, but they are far from it—get any argument or decisions made in chambers on the record. Continue reading

Direct Examination Crisis Control

57277978Sometimes, despite careful preparation by counsel and the witnesses, direct examination unravels. But if you’ve reviewed these crisis control techniques, you’ll be ready when a problem presents itself during your direct. Continue reading

Are Two (or More) Experts Better Than One?

sb10063567v-001Should you hire multiple experts on the same topic? There are some very good reasons to use this strategy. Continue reading

Calming a Client Before Cross

469790631For many people—especially avid courtroom drama watchers—the anticipation of being cross-examined is terrifying. If your client is one of these people, try these calming techniques. Continue reading

What to Do If Your Client Dies

200134581-001You’re litigating a case and your client dies. What do you do? What are your ethical obligations? Continue reading

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