What Is the Fact in Your Case You Wish Would Just Go Away?

Lawyers confronting the bad fact in a case – The Winning Litigator

Almost every significant case has one. The fact you wish weren’t there. The email you wish your client hadn’t sent. The deposition answer you wish the witness hadn’t given. The document with the unfortunate language. The chronology that doesn’t quite work. The prior statement that seems inconsistent. The conduct that is difficult to explain. You know the fact is there. Opposing counsel certainly knows it’s there. And yet there is an enormous temptation to treat it like the monster outside …

Knowing Your Case Isn’t Enough

Man facing a hallway of identical doors, representing strategic choices

There is a point in almost every significant piece of litigation when the lawyers know the case extraordinarily well. They know the documents. They know the depositions. They know which witnesses are helpful and which ones make them nervous. They know every inconsistency in the opposing witnesses’ testimony. They know the applicable law, the procedural history and where virtually every important piece of evidence can be found. That’s necessary. But it isn’t enough. Over the years, I have worked with …

3 Strategies To Keep Jurors On The Edge Of Their Seats

Lawyer calling out for attention

Have you ever been in the middle of presenting a critical piece of evidence to support your case and feel like the jury just isn’t listening? It’s a feeling that many litigators experience, both novice and seasoned. As a litigator, you know that your success hinges on your ability to persuasively present evidence and tell your client’s story. That also means that you must keep the jury’s focus throughout the entirety of a case. So, how can you ensure that …