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When is an Exhibit Sticker More Than an Exhibit Sticker?
An exhibit sticker can do much more than identify an exhibit for the record. It can actually be used as an organizational tool to aid the jury in understanding what the exhibits are being used to prove, as well as, better understand your case and how it is being put together. When I was a… →
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Integrity: A Client’s Most Valuable Asset
Clients sometime forget what is their case’s greatest asset. It is not the great photos, their expert witness, or even their attorney. The greatest asset their case has is the Client’s integrity and credibility as a witness. If a claims adjuster, an insurance defense attorney or jury thinks your client is a liar why would… →
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Running The Back Door Play – Rule 104(a) and Preliminary Questions of Fact
In basketball, a backdoor play is when a player without the ball gets behind the defense and receives a pass for an easy score. This can be executed if the defenders are unaware of the open space behind them. There is such a play available in the courtroom the defense may be unaware of as… →
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Coaching the Witness: How to Handle the Speaking Objection.
You are in a deposition and you are hammering an opposing witness. The witness has backed off of her speed estimate and is just about to concede she has no real basis to estimate her speed when the opposing attorney interrupts and launches into a speech: Q. So, you would have to guess or speculate… →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 4)
Why do you need a motion in limine you may ask? Because the other side will try to unfairly muddy the water. The defense is just like an octopus hiding behind a cloud of black ink, they try to obscure your view with their arguments and B.S. However, all you have to do is just move… →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 3)
A “red herring” is normally used by people to divert the attention of others from something important; from the central point that is being considered. A “herring” is a kind of fish that turns red only when it is “cured” – that is, when it is smoked and salted. Such a fish emits a very strong smell and in the… →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 2)
Here are some additional topics to consider: Unnecessary Medical Treatment. You should preclude or prohibit the defense counsel from alleging or arguing that plaintiff’s accident-related medical expenses are unnecessary or unreasonable. All damages directly attributable to the wrong are recoverable by the victim. The law also typically allows an injured plaintiff to recover reasonable… →
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 1)
I plan on writing a series of posts dealing with motions in limine and the topics you may wish to cover. A Motion in Limine is a motion made for a protective order against prejudicial questions and statements, which if heard by the finder of fact, would prevent a fair and impartial trial. The focal… →
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Strategies for the Cross-Examination of Experts
In my last post, I discussed what a trial attorney can do to prepare for the cross-examination of an adverse expert. Below are some strategies that can be used in successfully cross-examining an adverse expert witness: 1. Favorable Evidence: One tactic that should not be ignored is using the opposing party’s expert to concede to… →
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Cross-Examination of Experts: Where to Start.
Where do you start with your preparation to cross-examine an expert? The following is a list of areas to review: 1. The Expert’s Curriculum Vita: You should thoroughly review the expert’s c.v. Expert’s will exaggerate and even make up credentials. In a criminal case I was defending the State’s expert, an environmental specialist, claimed he… →
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Trial Work: Variety is the Spice of Life.
I have practiced nearly 30 years. I have not found it boring and have loved doing it. I have been blessed with a variety of cases and have not been afraid to push my boundaries a little from time-to-time. I have worked as a federal law clerk, state prosecutor, federal prosecutor, insurance defense attorney, criminal defense attorney… →
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Fireside Reading for the Trial Lawyer
The next best thing to being in court is reading about it. The following is a list of books I believe will help you become a better trial attorney: 1.Polarizing the Case: Exposing and Defeating the Malingering Myth by Rick Friedman ;- this book provides an innovative approach to trying cases. Too often we allow… →
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Why the Adversary System? Is it the best?
Why the adversary system? Should we be filled pride or skepticism about its use? The adversary system is under appreciated and its value is misunderstood by the public. As a result, it is often held in low regard. When each side is equally represented and heard, it more often than not results in accurate assessments… →
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The Greatest Rule of Cross Examination – Always ask a leading question!
Alright you are getting ready to do your first cross-examination and you wonder what is the most important rule to being successful? It is simply this “Always ask leading questions that provide information supportive of you case.” You ask, “How can that be?” That’s too simple! The rule is easy to announce, but it is… →
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Cross Examination: Why Pigs Get Fat & Hogs Get Slaughtered
Cross-examination is often considered by many to be an art. When it comes to strategy, sometimes all you need is a little common sense. We all have heard the old saying, “Pigs get fat and hogs get slaughtered”, but what’s that got to do with cross-examination? Greed can be a vice and a weakness even… →
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For the Record: Offers to Prove… Do They Make a Difference?
You appear for your final pretrial conference and after a short discussion or perhaps with no hearing, the Court grants your opponent’s motion in limine and excludes evidence or testimony essential to your client’s case. Now what do you do? Well, your starting point for an answer to this dilemma is Rule 103 of the Federal… →
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Zingers: The power of the “one-liner” in communicating with jurors
There is nothing more powerful in terms of capturing someone’s attention and imbedding your message in their brain than a good one-liner or as I like to call them, a “zinger”. A “zinger” is described as “a surprising or unusually pointed or telling remark.” In today’s modern fast paced world, speechwriters and politicians often work… →
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Analogies: The power of parables and fables
Want the jury to remember the key points of your closing argument? Having trouble making a point of law clear? The answer is to find a good analogy or anecdote to make your point. Some of the best teachers I had were those who used analogies to drive a point home. Jesus parables such as… →
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The Barrister's Toolbox 