The Barrister’s Toolbox
A Resource for Trial Advocacy
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A Hung Jury: When a Stalemate Becomes Your Best Option.
Hung juries are generally considered to be a rare outcome to a trial. However, even though it is not a true resolution, it can be considered your best outcome. Hung juries are even rarer when you are dealing with civil cases, where the only thing that you obtain is money. If you are likely to…
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Long Live the Attorney Irving Fink, My Hero
They say the law is a jealous mistress. Well this mistress has kept company with a living legend… Irving Fink. I am blessed to have Mr. Fink in my office and soak in his wealth of knowledge and wisdom. He has practiced law for six decades and still comes into the office four days a…
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One Bad Apple Can Spoil the Whole Bunch. When Should a Juror, Not Be a Juror?
Jury selection is often where your case is won or lost. One bad juror can spoil your whole case. That one juror could lead the other jurors to render an adverse verdict, a compromise verdict or lead to gridlock and a hung jury. In civil cases, you often have limited peremptory challenges, where you can…
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Assuming… How Experts Try to Make an Ass Out of You and Me.
Assumptions are a nefarious tool of “hired gun” experts. If you do not critically look at the underlying assumptions of the expert, you could be allowing the expert to take unfair advantage of your client’s case. Assumptions are the foundation upon which an expert opinion rests. A house with an unsound foundation lacks structural integrity…
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When Compromise Must Be Avoided
Justice oftentimes is victimized in the name of “compromise” and “fairness”. Have you ever been in a negotiation in a case with a mediator and asked for a range for settlement purposes. The natural inclination is to equally split the difference and assume that you are willing to do so. However, a range is just…
The Barrister's Toolbox 