The Barrister’s Toolbox
A Resource for Trial Advocacy
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Hot Coffee, Juror Bias and Fear of the Unknown
We have all heard about the infamous McDonald’s spilled coffee case as a supposed frivolous lawsuit resulting in a run-away-verdict. It is touted as the prime example of how corporate America has been victimized by juries and how the jury system is broken. However, this was not the case. In fact, Stella Liebeck, the little…
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Oscar Pistorius Trial: Lying, the Truth and Inaccuracy
The Oscar Pistorius Trial poses a basic question about human beings and credibility. The question being asked: Is he telling the “truth”, or is he a “murderer”? The death of his girlfriend, Reeva Steenkamp, happened in the dark of the evening after he was roused from his slumber. He claims to have awoken to sounds…
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How to Use Your iPad and OneNote as a Secret Weapon for Use in Trial
I was looking for a program that could emulate the structure of my paper file system that I use for jury trials. I looked at several programs that were touted as the answer for use on my iPad. I looked at all the Apple App World had to offer to no avail. I download one…
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Inability to Pay for Medical Treatment: Is This Admissible?
I heard recently that a trial court granted a defense motion for a mistrial because a plaintiff inadvertently mentioned they had no health insurance. How bad is this? Is a mistrial really mandated by the rules? Let’s take a look at some of the applicable provisions: Rule 411. Liability Insurance Evidence that a person was…
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What to Do When They Call Your Client a Liar, a Fraud and a Cheat.
The defense has enlisted the aid of a hired gun “expert” who insinuates or is going to testify that your client is a malingerer or a fraud. What can you do to address such tactics? Can you exclude the testimony? Should you address it head on or skirt the issue? Hopefully, this blog will offer…
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