The Benefit of an Effective Medical Expert: More Money

get bigger verdict when using effective medical expert witnessThere’s a definite correlation between the size of personal injury verdicts and the effectiveness of testimony by medical experts. Well-prepared and well-presented medical testimony carries weight and convinces triers of fact. The recent $289 million verdict against Monsanto may be an example. Continue reading

Have You Considered a Motion in Limine to ADMIT Evidence?

young lawyer considering whether to use a motion in limine to include evidenceMany lawyers view motions in limine as tools used only to exclude or limit particular evidence.  But the experts know that a motion in limine is also a useful tool to admit evidence. Continue reading

5 Direct Examination Techniques You Should Be Using

When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time. Continue reading

Are You Showing Enough in an Offer of Proof?

attorney making offer of proof to judge at trialWhen the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating how much of a showing is necessary in an offer of proof. Continue reading

Begin and End with Your Strongest Questions

use strong question to open and close your cross-examination of a trial witnessWhen cross-examining a witness, almost always begin and end with your strongest questions. Except in a couple of situations. Continue reading

Get a Crash Course from Your Expert

Learn fast from your expert about the area of expertiseSome lawyers decide at the beginning of a case that they’ll never be able to understand what the expert is talking about, and they make no effort to do so. Bad plan! Regardless of the expert’s skill, it’s the lawyer’s responsibility to make sure that his or her expertise is presented to the trier of fact in an admissible and persuasive way. To do that, the lawyer needs to understand the expert’s testimony and field of expertise. Here are four ways to educate yourself fast. Continue reading

3 Times Not to Ask Leading Questions on Cross

attorney questioning witness during cross-examinationLeading questions are the main tool of the cross-examiner—they tell a witness how to answer by suggesting an answer. See Evid C §764. But you should also know when using leading questions on cross-examination isn’t the best technique. Continue reading

3 Things to Know about the Crime-Fraud Exception

lawyer meeting with clients and getting confidential informationExceptions to the attorney-client privilege in California are set out in Evid C §§956–962. Of particular interest since the FBI’s raid on the office of President Trump’s personal attorney Michael Cohen has been the crime-fraud exception to the privilege. Under this exception, there’s no attorney-client privilege “if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.” Evid C §956. Let’s break that down into three keys points to know. Continue reading

Should You Use Voir Dire With Opponent’s Expert?

lawyer asking expert witness questions about qualificationsAfter opposing counsel attempts to qualify an expert witness, you can ask the court to let you conduct voir dire on the expert. But just because you can, doesn’t mean you should. Continue reading

Revisiting the Dying Declaration Exception

life and death; dying declarant must believe death is imminentThe “dying declaration” exception to the hearsay rule just jumped from law school textbooks onto California newspapers: A young woman who was stabbed and bleeding told officers about who had assaulted her shortly before she died, leading to the arrest of two suspects. It’s time to review what’s required to meet this hearsay exception. Continue reading