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Keep in Mind that Judges Are Only Human
So often I see attorneys lose sight of the fact judges are only human. This means one has to be mindful of what you can reasonably expect of a judge. Help a judge by: 1. Making your arguments or briefs short and succinct. Get to the point. Judge’s have limited time. Don’t cite ten cases →
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Deposition of a Party or Witness and the Power of Dignified Demeanor
Remind your client or witness of their freedom to choose their attitude and the power they have to control their demeanor. This advice will empower and cut short abusive questioning at trial or during a deposition. →
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Impeccable Impeachment and the Use of Prior Convictions
“Trust is not simply a matter of truthfulness, or even constancy. It is also a matter of amity and goodwill. We trust those who have our best interests at heart, and mistrust those who seem deaf to our concerns.” Gary Hamel What are the limitations on the use of prior convictions in challenging a witness’s →
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The Corrosive Effects of Greed on Credibility
“Don’t take a good case, try to make it a great case, and turn it into a bad case.” Richard Cook I never take on a new client without sharing the quote above with them. The most valuable component of any personal injury case is the client’s credibility… period, end of case. If you →
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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. →
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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 →
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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 →
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The “Dos” and “Don’ts” of Closing Arguments
What are some common “Dos” and “Don’ts” when it comes to closing argument? Here is a list I put together: Do: Speak loud and clearly. Be confident. Vary your tone and location as you move from point to point. Be organized. Begin and end on a high note so your points will be remembered. →
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The Barrister's Toolbox 