No litigator likes to make a mistake at trial. But if you do, remember these 10 things…
9 Secrets for Using Video Depositions That Every Trial Lawyer Should Know
Of all the discovery tools you can use to win your case at trial, none is more powerful than the video deposition. In virtually every case I've tried in the last 20+ years, deposition video has figured prominently in my presentation. I know from speaking with hundreds of jurors and from testing video in jury focus groups, that an important video deposition excerpt can have a determinative effect on a trial Whether you are using video affirmatively at trial or ...
Does Your Jury Trial Need a Haircut?
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 ...
Jurors Want to See Your Inner Explorer
You've heard it before: "As a trial attorney, you should be a Guide to the jury, mapping out a path to the evidence and showing the jury how it can find in favor of your client." But, is being a good "Guide" enough to get you to the finish line with the verdict you want? It's true that jurors appreciate a well guided path to the evidence. They like when attorneys map out a route, promising evidence in an Opening ...
Jury Communication: 10 Tips to Make Sure the Jury Takes the Right Notes
Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day. Once those notepads are handed out, though, the jurors are largely on their own in terms of determining what to write down and when. Ideally, jurors will write down any ...
This Simple Statement to the Jury Will Help Win Your Jury Trial
Your goal is to win your jury trial. And the road to the verdict is fraught with anxiety. Of course, the attorneys and clients are anxious. Witnesses are also anxious. Courtroom personnel are often anxious. It might surprise you, though, that the members of the jury are anxious too. The jurors are concerned about following the evidence, and whether they will be tested regarding their understanding of legal terminology. They are worried they will appear less capable compared to other ...
At a Jury Trial, the Jurors are Watching . . . You
Justice may be blind, but the jury sees everything. After winning a verdict in a recent three-week trial, I had the opportunity to speak with members of the jury. One of the things they told me was that they had grown skeptical, even distrustful, of my opposing counsel. When I asked why, they all referred to a brief incident they witnessed in the courtroom. Jurors Scrutinize Attorney Behavior My opposing counsel was getting ready to question a witness, and -- ...
In Presenting Evidence to the Jury, Trial Exhibit Numbers are Crucial
As litigators, we strive to present evidence clearly to the jury, so they have the necessary information to render a verdict in favor of our client. We want jurors to hear a trial exhibit number, and then write it down, so they can refer to it in their notes during deliberation. Although this seems like an obvious proposition, I'm surprised how few litigators pay attention to highlighting exhibit numbers in their presentations for jurors. Let Jurors Know the Trial Exhibit ...
Need to Read the Jury an Important Transcript? Hire an Actor
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 ...
Make Industry-Specific Details Clear to the Jury
One of the most difficult types of trials that I've wrestled with is what I refer to as the “Insidery Trial”. What do I mean by the “Insidery Trial”? It’s a trial where documentary evidence or testamentary evidence involves industry or company specific details that have the potential to be overwhelming or confusing to jurors. For instance, in a case involving a corporation where forms and documents use acronyms abbreviations like ACC, DVT, QTR, ARP, BDC, etc., and which terms ...
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