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Witness Outlines: Which came first, the question or the answer…
You getting ready for trial and you are outlining your examination, so how should you do it? What? There is more than one way to outline your questioning? Well, yes… There is. Buddy Yosha, the Melvin Belli of The Midwest, meticulously outlines his examination and writes out every question and expected answer. He also uses… →
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Persuasion and the Art of Being Yourself.
You want to be the best you can be. You have picked up books and read the closing arguments of successful attorneys. You’ve studied their transcripts of cross-examination. You’ve memorized their tactics and one liners. Should you imitate these masters of the courtroom, or forge your own path? Probably a little of both. It has… →
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Why Figures may not Figure..
In my last post, I discussed readings that could help improve your knowledge and analytical skills in addressing statistical data. Below is a check list of items to consider summarized from the Manual on Scientific Evidence Third Edition, Reference Guide on Epidemiology. Here is the list: CHECKLIST OF PROBLEMS WITH THE USE OF STATISTICAL DATA… →
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Statistics: Why Figures Don’t Lie, But Liars Figure…
More and more, figures and statistical information finds it way into litigation, both criminal and civil. At some point in your career as an attorney you will need to understand what can and cannot be accomplished in utilizing statistics. Most laypersons and attorneys are ill-equipped to handle such information. Oftentimes experts can find refuge in… →
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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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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… →
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Helping the Jury Remember When.
“If you tell the truth, you don’t have to remember anything.” ― Mark Twain The human memory is a tricky thing. Some things are learned and recalled without even thinking about them. These are typically items that we come in contact with in a concrete and tangible way on a day-to-day basis. Other items of… →
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Big City Chicago Style
Sitting in Water Tower Place I could not help but think about all the great and talented attorneys this City has produced. The legendary Clarence Darrow called this place home. He never shied away from taking on difficult cases, unpopular causes or clients. Darrow successfully defended Dr. Ossian Sweet, a black physician, who was charged… →
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Why a Picture is Worth a Thousand Words
A picture is worth a thousand words. Napoleon Bonaparte One picture is worth 1,000 denials. Ronald Reagan Let’s face it, in the context of a trial pictures and other demonstrative evidence can have a very powerful impact on a jury. Back in the late 1800s and early 1900s, attorneys could give closing arguments that could… →
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Jurors: Helping Them, Help You.
“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.” —Thomas Jefferson to Thomas Paine, 1789. Jurors… They are truly the heart and soul of our justice system. No invention known to man has a greater potential to… →
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Why It Doesn’t Always Pay to be the Smartest Guy in the Room
Ego… All good trial attorneys have it. Without a little ego it would be difficult to stand up and try to persuade a bunch of strangers you just met to acquit your client or award your client a significant sum of money. It takes not hard work and preparation, but a fair amount of moxie… →
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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… →
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