The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently. Continue reading
Jurors have been bombarded with information about “body language.” This information is joined by common folklore about tell-tale signs of falsehood. Here are five things to practice with your witnesses to keep their body language consistent with their truthful testimony.
Filed under: Civil Litigation, Criminal Law, Litigation Strategy, Trial Strategy | Tagged: body language, direct examination, jury, Jury trial, trial, trial attorney, witness, witness preparation | Leave a comment »
Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, self-appointed vigilantes should think twice before recording a private conversation: it’s against the law. Here’s what to tell your sleuthing client about California’s privacy laws.
According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.
There’s continuing debate about whether California’s Proposition 47, which decriminalized certain felonies, is responsible for a rise in crimes. But what’s not up for debate is that Prop 47 has been expanded and challenged in unforeseen ways. The appellate courts have been putting their own stamp on the way the trial courts have applied Prop 47. Here’s a sampling of how the cases have been falling.
If it’s your first trial or it’s been a while since you’ve tried a case, here’s a handy list of the steps to take when introducing your evidence at trial. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, evidence, exhibits, introducing evidence, trial, trial exhibits | 4 Comments »
It sounds obvious: You should always listen carefully to the witness during cross-examination. But listening means more than just hearing the words actually said. Ideally, your listening will go well beyond that, which can make all the difference in improving your cross-examination. Continue reading