The Barrister’s Toolbox

A Resource for Trial Advocacy

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  • Non-Hearsay: Greetings, Insults, Commands and Questions With No Real Answers

    Hearsay or non-hearsay? That is the question. But how do you identify statements that are potentially hearsay? On a local list serve experienced trial attorneys debated whether a “command” from a doctor to a patient was hearsay or not. Surprisingly, the opinions on this issue were pretty evenly split even though the answer was clear…

  • Closing Arguments: Strict Liability, Dangerous Instrumentalities, Vicarious Liability and Use of the Lion Analogy

    It always helps to use an analogy to explain an obtuse or complex legal principle. Strict liability for the actions of others or for events where no real negligence or lack of care has occurred is a difficult concept to convey to a jury. Strict liability can arise in a product liability setting, from vicarious…

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  • Success is Measured by Hard Work and Effort

    One important key to success is self-confidence. An important key to self-confidence is preparation. – Arthur Ashe Let’s face it, preparation breeds confidence. Only a fool would enter an endeavor with confidence in absence of preparation. If you want to succeed as a trial attorney you need to be prepared. What does success entail? Scholarship,…

  • Making “Good” on “Breaking Bad”

     Well one of my favorite shows is no longer around.  The final episode of “Breaking Bad” aired last night.  The show delivered the goods and brought the saga of Walter White to its tragic and fitting conclusion.  What more could someone want out of great story-telling than a journey that showed that “ends” don’t justify the “means” no matter…

  • There is No Shame in Stealing from the Best

    You don’t have to reinvent the wheel every time you confront a new or unfamiliar situation. It is important to your progress as an attorney to learn from other’s mistakes and successes. I remember taking my son into a local music store called “B.J.’s Guitar Island” here in Indy, so my son could take guitar…