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The Barrister’s Toolbox

Tag: Trial Strategy

  • An Unforeseen Value to Loss of Consortium Claims in Selecting a Jury.

    As a Plaintiff’s attorney you want to identify jurors who will refuse to follow the Court’s instructions directing the grant of money damages for pain and suffering. I inadvertently found something that is even more polarizing and controversial than claims for such intangible losses… Loss of consortium! I was picking jury in a rural county →

    Jury Selection, Uncategorized

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    challenges for cause, juries, jurors, Jury, Jury selection, loss of consortium, Trial, trial advocacy, Trial Strategy, Voir dire

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    Dec 12, 2017
  • Limiting the Damage

    So you lose an evidentiary argument and the court allows some potentially prejudicial evidence to be presented for some narrow purpose such as bias, impeachment or to show intent, similar plan, motive or scheme.  So what should you do?   Indiana follows “the rule of multiple admissibility” endorsed by the evidence treatises of both Whitmore →

    Evidence, exclusion of witnesses, Rule 105, rule 403, Rules of Evidence, Trial Advocacy, Uncategorized

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    Evidence, Federal Rules of Evidence, juries, jurors, Motion in limine, Rules of evidence, Trial, trial advocacy, Trial Strategy

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    Jun 28, 2017
  • 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 →

    mock trial, testimony, Trial Advocacy, Uncategorized

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    dirty laundry, problems, Trial Strategy, weaknesses, witnesses

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    Jul 18, 2015
  • A Hung Jury: When a Stalemate Becomes Your Best Option.

    Hung juries are generally considered to be a rare outcome to a trial. However, even though it is not a true resolution, it can be considered your best outcome. Hung juries are even rarer when you are dealing with civil cases, where the only thing that you obtain is money. If you are likely to →

    Jury Selection, Trial Advocacy, Uncategorized

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    Hung jury, Jury nullification, Legal Stalemate, Trial Strategy

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    Mar 30, 2014

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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