The Barrister’s Toolbox
A Resource for Trial Advocacy
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There is a Difference Between “I Don’t Know” and “I Don’t Remember”
A client or witness needs to be thoroughly familiarized with what it means to forget as opposed to not knowing something. If one says, “I don’t know,” something, it means it was never in their brain. “I don’t remember,” on the other hand, means that the information was once in their brain, but cannot be…
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I’ve Been Called for Jury Service… What Do I Do Now?
THOMAS JEFFERSON (1789): “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” My last blog post made me realize that potential jurors need guidance. What is their role? What should they do if called to serve? Jury…
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Practice… We Talking ’bout Practice…
“Practice… We talkin ’bout practice.” – Allen Iverson 2002 Just like Allen Iverson of the Philadelphia Sixers, no one likes to practice, but it is necessary if your witness and you are going to stay in sync. In order for your witness examination to be credible and persuasive, both the questioner and the witness must be…
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Direct Examination and Airing Your Dirty Laundry
There is no tactic which will better serve you and your client in establishing credibility with the jury then to bring out negative points during direct examination and confronting them head on with believable explanations. If you wait until redirect, then it may be too late to salvage your witness. I always make a list…
The Barrister's Toolbox 