The Barrister’s Toolbox
A Resource for Trial Advocacy
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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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