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6 Ways to Streamline Evidence

Juries usually base their verdicts on a small number of crucial points. But lawyers tend to offer as much evidence as possible, believing this will make their case more convincing or fearing they’ll leave something out. Finding the fine line between making sure the point isn’t lost and losing the point by insulting jurors with repetition requires thought and preparation. Here are six methods for streamlining the evidence in your next trial. Continue reading

Letting Jurors Pass Around Exhibits

Some trial exhibits can be quite interesting and the jurors may want a close look at them. But is it a good idea to pass your exhibits to the jurors? Continue reading

Don’t Let Fake News Cynicism Get in the Way of Your Social Media Evidence

The following is a guest blog post by Michelle Sherman. Michelle is the author of Winning with Social Media—A Desktop Guide for Lawyers Using Social Media in Litigation and Trial, a 2016 publication from the National Institute for Trial Advocacy. She has tried civil and criminal cases and is currently an in-house corporate legal counsel. She also is an adjunct professor at the University of Southern California Annenberg School for Communication and Journalism.

For anyone who likes to wake up on a Sunday by reading the newspaper, it’s a sad day that legitimate news organizations are under attack and the term “fake news” has become associated with them. Beyond the personal implications, this may also have negative effects on your law practice. More skeptical jurors may mean that you have to work harder to authenticate documentary evidence, particularly social media evidence.
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Do You Know When to Use a Subpoena?

A “subpoena” is a writ or an order that compels a witness to either show up and testify or produce something. CCP §1985(a). You can use a subpoena in discovery or in a civil trial or hearing. Here’s a look at which type of subpoena to use in common situations. Continue reading

Establishing Credibility in Plaintiff’s Opening Statement

In a personal injury case, plaintiff’s counsel should approach the opening statement to the jury with one primary goal: establishing credibility. If the jury believes you, it will be much more likely to rule for your client. Here’s a sample opening statement that shows how you can get right out of the gate with credibility. Continue reading

4 Things Expert Witnesses Should Read Before Trial

In addition to the file materials used in preparing for deposition—and that should be reviewed again for trial—there are at least four types of written materials that every expert witness should carefully read and analyze before testifying at trial. Continue reading

Using Social Media to Research Prospective Jurors

Given the decreasing time attorneys have for conducting voir dire, it can be very useful to investigate jurors with publicly available background information. Simply running Google searches can reveal an enormous amount of information about a potential juror in a short amount of time. This public information often will come from social media sources. As Ben Hancock reported in his article for Law.com, “social media profiles can present a trove of data points for jury selection…[but] researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.”

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