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Jury selection in ten minutes or less… Can it be done effectively?
The time allowed for jury selection today is typically very brief compared to the time allotted years ago to attorneys. One article that I recently read by Attorney Karen Koehler provided an interesting and effective approach to dealing with limited time for questioning potential jurors. This is what she said to a panel of prospective… →
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After the Party’s Over: How to Handle a Deposition Errata Sheet
So you have carefully prepared the client for deposition, you have scoured his discovery responses and medical records for any problems, contradictions, omissions and the deposition of your client is over, now what? Upon receipt of the deposition, you, your paralegal and client need to carefully review the transcript for any discrepancies or inaccuracies. You… →
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Refreshing Recollection vs. Past Recollection Recorded
Refreshing Recollection. A client needs to be thoroughly familiarized with what it means to forget as opposed to not knowing something. If one says, “I don’t know,” something, that means it was never in their brain. “I don’t remember,” on the other hand, means that the information was once in their brain, but cannot be… →
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How to Avoid Bad Questions and Answers
Helping your client refresh their memory regarding facts pertinent to the case is just the beginning of your job in preparing your client to testify at their deposition. You also need prepare your client for problem areas of questioning. The following is a list of problem questions and how to deal with them during the… →
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Deposition Preparation Begins Long Before the Deposition
An important aspect of your case is your client’s deposition. A case’s value turns on the credibility and likeability of your client. As a former insurance defense attorney, the most important aspect to the evaluation of a case’s value was the deposition of the Plaintiff. Oftentimes, insurance companies are reluctant to make any significant offers… →
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iPad App doubles as a Trial Notebook
I was looking for a program that could emulate the structure of my file system I use for jury trials. I looked at several programs that were touted as the answer for use on my new iPad 2 I received for my birthday. I looked at all the Apple App World had to offer to… →
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The Silent Cross-Examination… When nothing is better.
Nothing is more thrilling than conducting a good cross-examination of an adverse witness. The attorney through a series of leading questions wrangles concessions and makes his own case through a line of short and concise rhetorical questions that lead to an undeniable conclusion in favor of one’s client. However, there are times when no cross-examination is the best course of… →
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Jury Selection-What’s the Goal?
Of all the areas of trial work, this is probably the most difficult and important task that confronts a courtroom attorney. I have seen many different approaches used in questioning and selecting a jury. Your time is limited and the stakes are high. If you “guess’ incorrectly you can lose your case before it even… →
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Mastering the Rules of Evidence: Is it really important?
Early in my career, the “rules” of evidence were derived by reading case-law and the handful of statutes that addressed privilege and competence. If you wanted to know the “rules”, you had to research and read case-law. The only ready compendium were books like Graham’s Handbook on Federal Evidence. Today, litigators in every state and… →
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The Trial Notebook: Being Prepared for “Unexpected” Legal Issues During Trial
During the course of a trial have you ever had an ” unexpected” legal issues arise and say, I know there is a case or rule out there on point, but I just cannot remember it? The best way to prepare for such issues is to keep a trial notebook. What is a trial notebook… →
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How to Stay Organized During Trial
Need a system to keep all your witnesses and exhibits organized? Well sometimes the best system is the simplest one. I use a separate folder for each witness and each exhibit. I make sure all the folder tabs line up in a single row for the witnesses and label each witness folder with their last… →
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What Makes a Trial Attorney Effective?
How does one become an effective trial attorney? It boils down to being an effective communicator. Everything an attorney does sends a message to the jury and judge. This involves your personal appearance, how you speak, your posture, eye contact and how you put together your message. It’s important to watch other people try cases… →
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Greetings Trial Lawyers – Need Help? – Give Me a Call.
This site is for those who practice in our nation’s courtrooms and make our adversarial system an engine for justice. All are welcome to share their knowledge and experience about what works in communicating with judges and juries. Have a question that requires in-depth consultation for a case you are handling? Please feel free to contact me. I can … →
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The Barrister's Toolbox 