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The Barrister’s Toolbox

Category: Direct examination

  • Readying Your Experts for Traps and Tough Questions

    Depositions are dangerous time for your expert.  Dangerous traps lies just around the corner. You cannot relax.  Here are some thoughts on this important topic. 1. Tendencies of your expert: If you can obtain and read past depositions of your expert to see not only what type of questions are asked but how he reacts. →

    depositions, Direct examination, Discovery, dos and don’ts, Evidence, experts, Rule 26, Rule 30, Rule 32, rule 702, Rule 704, Rules of Evidence, testimony, Trial Rules

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    Depositions, Discovery, Evidence, expert, preparation, Rule 26, Rule 30, Rule 32

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    May 1, 2017
  • Getting Your Expert Ready for Court – How to Play the Course and Avoid the Rough.

    What does an Expert Witness Needs to Know About Court Proceedings? Here are some thoughts to keep you expert out of the rough:   1. Review all evidentiary foundations. You should review the appropriate foundational requirements for the admission of any records, tests, or other analysis which is not stipulated to by the opposing party. →

    Direct examination, Evidence, experts, rule 702, Rule 704, Rules of Evidence, testimony, Trial Advocacy

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    Mar 9, 2017
  • Top Mistakes in Choosing Experts

    Here they are…   1. Hiring an expert too late. Experts can be helpful and sometimes essential in properly investigating and evaluating a case. They can provide guidance in drafting discovery  requests and determining whether information has been overlooked, withheld or lost. They are  also invaluable in assisting in deposition preparation and questioning of the →

    Direct examination, Evidence, experts, Rule 102, Rule 615, rule 702, Rule 704, Rules of Evidence, separation of witnesses, testimony, Trial Advocacy

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    Feb 8, 2017
  • Proper Objections at Your Expert’s Deposition

      Palais de justice historique de Lyon, France Objections should be kept to a minimum. The Rules contemplate that objections should be concise and afford the examiner the opportunity to cure the objection. See Fed. R. Civ. P. 30(c)(2) (noting that “objection[s] must be stated concisely”); id., Advisory Committee Notes (1993 Amendments) (noting that “[d]epositions →

    depositions, Direct examination, Discovery, dos and don’ts, Evidence, experts, rule 702, Rule 704, Rules of Evidence, Trial Advocacy, Trial Rules

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    Jan 15, 2017
  • The Problem with Problems.

    So do you want to know what the problem is with problems? Most people are like an ostrich with its head buried in the sand in fear of what they might see.  We all have a tendency to ignore our problems and procrastinate.  This is fatal thinking or à total lack of thinking. Instead of waiting →

    closing arguments, Direct examination, dos and don’ts, Evidence, Jury Selection, mock trial, Trial Advocacy

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    ad hominem, Adversarial system, advocacy, analogies, Analogies anecdotes, apologies, challenges for cause, character, Closing argument, Evidence (law)

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    Sep 30, 2015
  • Credibility, Credibility, Credibiiliy

    ​There are three things to keep in mind when preparing a witness… Credibiliy, credibility, credibility.  Let’s face it; the most persuasive witness is the witness who is most credible. Such a witness speaks clearly, calmly and plainly, does not exaggerate, does not dodge the question, and is able to look the jury right in the →

    Direct examination, dos and don’ts, mock trial, testimony

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    credibility, direct examination, witness preparation

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    Aug 31, 2015
  • Outlining Your Questions… Is There a Better Way?

    Exactly how do you want to format your questions? There are several schools of thought on this matter. I know successful attorneys that literally script out every question and every answer to the question. In this way, the attorney can visualize exactly what will take place in the courtroom. Such a format also allows someone →

    cross-examination, Direct examination, mock trial, testimony, Trial Advocacy

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    Adversarial system, advocacy, testimony

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    Aug 24, 2015
  • Practice… We Talking ’bout Practice…

    “Practice… We talkin ’bout practice.”  – Allen Iverson 2002 Just like Allen Iverson of the Philadelphia Sixers, no one likes to practice, but it is necessary if your witness and you are going to stay in sync.  In order for your witness examination to be credible and persuasive, both the questioner and the witness must be →

    Direct examination, mock trial, testimony, Trial Advocacy

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    “best evidence rule”, Allen Iverson, Deposition, direct examination, Evidence, practice, witness preparation

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    Jul 24, 2015

Rich Cook has been practicing law for over 40 years and has been recognized by his peers for his contributions to the development of personal injury law and trial advocacy in the State of Indiana.

Since entering private practice, Rich has handled a wide range of matters involving claims of personal injury, wrongful death, automobile collisions, medical malpractice, product liability, job site injuries, insurance disputes, breach of contract, defamation, sexual harassment claims, civil rights claims, class actions, and construction site injuries.

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