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
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: evidence, expert testimony, expert witnesses, testifying expert, trial, trial attorney, trial preparation | Leave a comment »
Both the opening statement and the closing argument should be used to persuade. An essential part of the persuasion process is establishing your credibility with the jury by nurturing its perception of your sincerity, trustworthiness, and knowledge of facts. Here are four ways to increase your credibility. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: closing argument, jury, opening statement, speaking to the jury, trial, trial attorney | 2 Comments »
There are times you want to offer former testimony against a party to a former proceeding or against a party at the current trial who wasn’t a party to the former proceeding. There’s a hearsay exception for that, and here’s how you use it. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admitting evidence at trial, evidence, former testimony, hearsay exception, trial, trial attorney | 2 Comments »
The key to a successful cross-examination is to start strong. The beginning of your cross is the time to go for the jugular. Here’s an example of how it’s done. Continue reading
Filed under: Litigation Strategy, New Lawyers, Trial Strategy | Tagged: cross-examination, questioning a witness, trial, trial attorney, trial skills, witness testimony | 1 Comment »
When it comes to testifying, the first and most fundamental rule is to tell the truth. In addition to the obvious reasons, it’s hard to trick or trap someone who’s telling the truth about everything. But sometimes witnesses are afraid to admit to mistakes or biases and inadvertently appear less than honest. Continue reading
Filed under: Business Law, Checklists, Civil Litigation, Evidence, Litigation Strategy, Trial Strategy | Tagged: honesty, preparing a witness, tesifying witness, testimony, trial, trial attorney, truthfulness, witness | 2 Comments »
Once you find a qualified interpreter, apply these eight tips to maximize the interpreter’s usefulness in court or at trial. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Pretrial Matters, Trial Strategy | Tagged: court, deposition, interpretation, interpreter, language interpretation, legal proceeding, translation, translator, trial | 1 Comment »
Although in the “real world” scientists changing their minds may be the badge of intellectual honesty, in litigation the expert who backs away from a position or changes an opinion is supplying the opposition with a source of impeachment. Any time the expert makes a written record of his or her thoughts or opinions, the opposition gets a “paper trail” of potential impeachment material. To avoid this, tell your expert to keep writing to a minimum. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: attorney, deposition, expert witness, impeaching a witness, preparing expert witness, trial | 1 Comment »
