The Barrister’s Toolbox
A Resource for Trial Advocacy
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What the Post Hoc?
The Post Hoc fallacy derives its name from the Latin phrase “Post hoc, ergo propter hoc.” This has been traditionally interpreted as meaning “After this, therefore because of this.” This fallacy is committed when it is concluded that one event causes another simply because the proposed cause occurred before the proposed effect. This is the very reason…
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Shutting Off the Defense Doctor’s Flood of Misinformation
In my last post, I discussed an analogy to deal with tactics used by your opponent to muddy the waters. Well, the problem is you have to drag the hogs out of the spring waters and it takes time to clear matters up. What if you could keep them out of the water altogether? Have…
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Character Assassination and the Mud Springs
An ad hominem attack is a tactic whereby you attack the man instead of the validity of his argument or position. The fallacy of such an attack is that it completely ignores what is really important… Is the argument logical and accurate. Character assassination is an old tactic used to win battles whether…
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Closing Argument: How to Combat Guilt by Association
Oftentimes, we have clients who through no fault of their own grow up in difficult circumstances or are simply in the wrong place at the wrong time. The opposing attorney may try to paint your client as less than worthy in the eyes of the law. However, remember that lady justice holds the scales of…
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Looking Good and the Art of Cross-Examination
Cross-examination is the greatest legal engine ever invented for the discovery of truth. You can do anything with a bayonet except sit on it. A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it. – John Henry Wigmore There are a number strategies out there regarding…
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