Does Your Jury Trial Need a Haircut?

Baby boy's first haircut and he doesn't like it
Remember when you got your first haircut? You probably didn't want to do it.  Someone likely made you.  You resisted it, because it was a new experience.  It felt dangerous and scary. But in the end, you looked amazing (don't be modest, now, you know you looked amazing)! When it comes to trial practice, litigators can sometimes be like kids getting their first haircut.  They don't want anything to be cut or trimmed.  Trial lawyers will often doggedly hold on ...

Avoid This Trial Technology Trap

Bear trap with laptop lure
Trial technology has become a crucial tool for today's attorneys.  Those who avoid trial preparation and trial presentation technology quickly find themselves disadvantaged when litigating against those who use it well.  Litigating cases without good trial presentation and preparation technology is like going to a war with one or both hands tied behind your back. There are many good options available in trial technology packages -- with every manner of bells and whistles for solving the problems we confront as ...

The Biggest Mistake Attorneys Make with Trial Presentation Technology

Online internet auction. Gavel on laptop.
The biggest mistake attorneys make with trial presentation technology is failing to drill with it. I don't mean practice with it.  I mean drill with it. Most litigators understand that they should not go into a trial with technology unless they are comfortable using it.  But, while many attorneys and their legal assistants understand the basics of the technology, they are often not practiced enough to act quickly if the judge or opposing counsel throw them a sudden curve ball. ...

The “Ostrich Syndrome” – Don’t Hide from Bad News Before Trial

Female Ostrich (Struthio camelus), Kalahari desert, South Africa
All litigators want to win. Trial preparation is an ordeal that easily saps our physical and emotional resources at times. It’s natural, then, to want to surround trial preparation with as much positive energy as possible. But, how do you handle "bad news" about your case before trial? It will often determine the difference between winning or losing. When we discover a "bad fact", a negative piece of evidence, a hole in our case, a less-than-helpful witness -- or any ...

Need to Read the Jury an Important Transcript? Hire an Actor

Comedy and Tragedy theatrical mask on a green background
Have you ever faced reading a really dry or tedious, but important, transcript to a jury?  Consider hiring an actor to read it for you!  It's a great trial presentation strategy. My own close call... In one of my most recent trials, almost every important issue hinged on the testimony of a key witness. My client's treating physician had previously been deposed over a two-day period.  The deposition was wonderful.  The physician held up beautifully under vigorous cross-examination, and everything ...