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Why Sorry is the Badest Word…
An expression of regret or an apology by a Defendant is nothing new when a case doesn’t settle and finally makes it to trial. However, should this be allowed? Why no! Defendants should be prohibited from expressing any apologies or statements of regret to the jury in connection with a civil case not seeking punitive →
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When a Negative Becomes a Positive
Absence makes the.heart grow fonder and can also act as proof positive in a case of “missing” evidence or documents. First, there are two noted exceptions to the hearsay rule for the absence of a record. Indiana Rule of Evidence 803 has two subdivisions that deal with the admissibility: 803. Hearsay Exceptions: Availability of Declarant →
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Closing Argument – Save Your Zingers for Rebuttal!
If you are the plaintiff or the state prosecutor in a criminal case, you have the advantage of going last. However, remember that the scope of rebuttal is determined by the issues addressed in the closing argument of opposing counsel. When I was a law clerk right out of school, I saw team of attorneys →
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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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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 →
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Plotting Your Strategy: Does Your Trial Have a Theme?
A theme acts as the unifying thread of your case. It is a thing that motivates the jurors to take action. Your theme needs to be integrated into your jury void dire, opening statement, direct and cross-examination, closing argument and jury instructions. There are number of potential themes. Watch movies and see how things are →
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Lights, Camera, Action: Directing and Producing Your Trial
You are the “director” and “producer” of your trial and the witness’s testimony. We can’t change the facts, but you do have the power of when and how to present them subject to the limits of the Rules of Evidence. Indiana Rule of Evidence 611 controls the manner and mode of interrogation of witnesses. This →
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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 →
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Direct Examination and Airing Your Dirty Laundry
There is no tactic which will better serve you and your client in establishing credibility with the jury then to bring out negative points during direct examination and confronting them head on with believable explanations. If you wait until redirect, then it may be too late to salvage your witness. I always make a list →
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The Million Dollar Question: How Much Should I Ask For?
There is no set rule. I would recommend that you play it by ear. If you have a case that is clearly worth a good deal of money, give the jury guidance as to how you calculated damages by breaking down each separate category covered in the jury instruction on damages and assigning a number to it. →
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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 