Should You Discuss Damages During Opening and Closing?

thinkstockphotos-465858366Whether and how you discuss damages in your opening statement and closing argument is a strategic consideration. A plaintiff discussing damages in the opening may turn jurors off, but not doing so can be a tactical mistake. Defendants usually want to steer clear of damages in the opening if possible. And both sides should discuss damages in the closing, but maybe in a different order. Continue reading

13 Routinely Helpful Cross-Examination Questions

thinkstockphotos-471597352 There are some questions that are virtually always safe to ask during cross-examination and often elicit pleasantly surprising answers. Consider asking these questions on your next cross—they could make all the difference. Continue reading

How to Prepare a Trial Outline

ThinkstockPhotos-459334539Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. Continue reading

4 Steps to Deciding How and When to Present Evidence

Your objective is to determine how and when to present each witness, exhibit, and other item of evidence most persuasively during trial. The key to meeting this objective is breaking it down into these four steps. Continue reading

Say It Early and Often

78724287The 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

4 Tips for Finding the Right Interpreter

thinkstockphotos-498555620When a witness can’t understand or communicate in English, you need to get an interpreter. Evid C §752(a). It’s not as simple as just finding someone who speaks the same language as your witness. But getting the right interpreter is much easier if you follow these four tips. Continue reading

4 Tips to Get the Jury Excited About Your Expert

thinkstockphotos-537972277Don’t treat the qualification of your expert as a mere formality. The expert’s qualifications should convince jurors that they’re fortunate to have someone as qualified as the expert to assist them in deciding the case and that your expert is better qualified than the opposing one. Continue reading

%d bloggers like this: