The Barrister’s Toolbox
A Resource for Trial Advocacy
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Analogies: The power of parables and fables
Want the jury to remember the key points of your closing argument? Having trouble making a point of law clear? The answer is to find a good analogy or anecdote to make your point. Some of the best teachers I had were those who used analogies to drive a point home. Jesus parables such as…
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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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