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

Order Your Witnesses for Impact

witness_78724356A trial should be like any well-choreographed event: strategically order your witnesses for maximum impact. Continue reading

Don’t Irritate the Jury

 

85449976 Your carefully planned cross-examination will be worthless if you manage to irritate the jury. Keep in mind that the jury often focuses more on counsel than the witness. Before your next cross-examination, check out these common irritants and how to avoid them. Continue reading

Refreshing Recollection in Court

469708075It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. Continue reading

Mini Opening for Voir Dire

jdopening_12384583As they say, never miss a chance to make a good first impression. If the judge permits it, take the opportunity to address prospective jurors before the oral questioning phase of the voir dire has begun. There are many advantages to the mini-opening statement and little downside.  Continue reading

Don’t Let Your Argument Get Personal

arbitration_104240128Although the permissible scope of counsel’s discussion and argument before a jury is broad, personal attacks on opposing parties or their counsel is never ok. Doing so opens you up to successful objections, makes you look like a jerk to the jury, and may lead to you losing your case. Continue reading

Excusal Remorse: I Want That Witness Back!

witness_78724356Trial attorneys sometimes get excusal remorse, i.e., they excuse a witness and then want to recall that witness back to the stand. Anticipate this reaction and take proaction. Continue reading

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