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Evidence Legal Topics Litigation Strategy Trial Strategy

9 Things to Tell Your Witness Before Cross-Examination

Part of preparing your witnesses for trial testimony includes preparing them to be cross-examined. Witnesses often worry that trick questions will make them say the wrong thing or that they’ll be made to look foolish. Tell them the following and they’ll be ready to handle any cross-examination.

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Evidence Litigation Strategy Trial Strategy

How to Control an Expert Witness

As with all witnesses, you must be able to control an expert witness during cross-examination. But many experts with experience in testifying treat cross-examiners like presidential candidates deal with the press: they ignore the question asked and answer the question they prefer. Here’s how to keep experts under your control.

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Civil Litigation Evidence Legal Topics Personal Injury Tort Law

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.

Categories
Evidence Legal Topics Litigation Strategy Pretrial Matters

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.

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Evidence Legal Topics Litigation Strategy Trial Strategy

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.

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Evidence Legal Topics Litigation Strategy Trial Strategy

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.

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Civil Litigation Criminal Law Evidence Legal Topics Litigation Strategy Trial Strategy

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.

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Civil Litigation Criminal Law Evidence Legal Topics Litigation Strategy Pretrial Matters

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.

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Civil Litigation Criminal Law Evidence Legal Topics Litigation Strategy Trial Strategy

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.

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Civil Litigation Criminal Law Evidence Legal Topics

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.