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How to Cross-Examine with Inconsistent Depo Testimony

A witness on the stand has made a statement that’s inconsistent with his or her earlier deposition testimony and has committed to the inconsistency. As the cross-examining attorney, how should you handle it? Continue reading

Do You Need an Expert Witness, and If So, What Type?

Retaining an expert witness is expensive and may not be necessary in every case. Don’t try to keep up with the Jones & Jones firm: Just because the other side has an expert or because experts have traditionally been used in similar cases doesn’t mean you need one. And if you decide you do need an expert, make sure it’s the best type for your case. Continue reading

How to Cross-Examine on Reputation

Try this hypothetical: Opposing counsel has just finished direct examination of a witness who testifies that your adversary has the reputation of being scrupulously honest in all aspects of his life, including business transactions. How can you cross-examine on the nebulous concept of “reputation”? Continue reading

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

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

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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