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 …
Getting Bigger and Better Damages
What's one of the biggest mistakes made by attorneys seeking damages? Separating liability from damages and leaving the damages presentation to the end of their case. It's important to weave damages -- especially evidence supporting claims for emotional distress damages -- throughout your case. It’s an easy mistake to understand after all -- as attorneys we’re trained to prove the elements of the case, and those elements are separated into elements of liability and damage. However, jurors widely believe that ...
In Jury Selection, Remember Your Math
I recently had the opportunity to observe the jury selection process for a trial at my local courthouse. The civil case was not terribly complex, nor was it a high-profile case. The jury for the trial would consist of 6 jurors and 2 alternates. Each side would have 3 peremptory strikes. For some reason, the judge had decided to bring in a 50-person venire from which to select the jurors. As I watched the attorneys in the case furiously scribbling ...
Legal Drafting: The “Extra Ornament” Can Ruin Christmas
Here's a little lesson I learned about legal drafting when I was a new attorney. One of my first pleadings was an eight-count complaint. The first seven counts were exceptionally strong. But, not wanting to exclude anything, I added the eighth count which was a stretch, and would be very difficult to prove. I appeared before a senior federal judge on a motion to dismiss which had been filed by the defendants. Although the judge denied the motion, what he ...