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 ...

This Simple Statement to the Jury Will Help Win Your Jury Trial

puzzle piece in hand
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

close up photo of woman's eye
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 -- ...

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. ...

In Presenting Evidence to the Jury, Trial Exhibit Numbers are Crucial

abstract 3d illustration of random number, orange and blue color
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 ...

At Video Depositions, Even a Glass of Water Can be Trouble

Drinking water is poured into a glass
One of my favorite discovery tools is the video deposition.  I take video depositions of virtually every witness in every case. I show video excerpts at almost every trial. Most of us at one point or another in our legal  careers will have a client whose deposition is taken and simultaneously recorded on video. Of course, it’s important to prepare the client for the types of questions that might be asked and to understand, generally, how a deposition works. But, ...

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 ...

Make Industry-Specific Details Clear to the Jury

Translate Computer Key In Showing Online Translator
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 ...

Settlement Strategy: Settle More Cases With Interest-Based Negotiation Techniques

Business handshake, the deal Is finalized
As you develop a settlement strategy for your lawsuit, here's something to consider:  Would it surprise you that there is a great deal in common between the negotiations to resolve global conflict and negotiations for the resolution of litigation? I recently interviewed Dr. Matthew Levinger, a Research Professor at George Washington University’s Elliott School of International Affairs, where he directs the National Security Studies Program (an executive education program for senior military and civilian officials) and the Master of International ...