In Cross-Examination, Using the Right Tone is a Key to a Win

boss screaming at small businessman
I’ve never met a trial lawyer that dislikes cross-examination. Cross-examination provides an opportunity to question evidence put forth by the opposing party. A strong cross-examination can make or break a case.  Jurors wait for cross-examination. They’ve seen television shows with dramatic cross examinations:  a witness testifies…then, the attorney pounces! As trial attorneys, we spend a good bit of our preparation time thinking about how we will pounce.  One difficulty attorneys face carrying out strong cross-examination is how to use the ...

An Injection of Reversible Error Will Kill Your Winning Verdict

Close-up of medical syringe with drug
Want to kill your good jury verdict? Try a lethal injection of appealable issue and reversible error. There is no doubt about it— trials are an ordeal, even under the best of circumstances. We spend hundreds of hours preparing for cases. We sort through thousands of documents, take and digest multiple depositions, prepare extensive witness lists, design jury presentations, and so many other additional trial preparation tasks. All of this intense preparation is designed to maximize the possibility of our ...

Legal Drafting: The “Extra Ornament” Can Ruin Christmas

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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 ...

She’s not a Potted Plant . . . How Your Interaction with Your Client at Trial Can Be Crucial to a Favorable Verdict

Rucola plant
As a litigator, you have a lot of details to manage. One of the most crucial details is the jury’s perception of your client relationship.  Managing your client relationship is vital at trial. Why is the jury's perception of your relationship with your client important to the outcome of a trial? Jurors notice and discuss attorney-client rapport in the jury room. How many times have any of us seen another attorney who barely speaks to, or even looks at, their ...

Trial Strategy: For Better Rulings in Trial, Write a “Brief Brief”

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Do you have pieces of evidence that you think the judge may not admit? Is there testimony you want to get into the record, but you think the judge might exclude? If you know in advance that you may have a problem with certain testimony or other evidence, but you’re convinced that its admission would be legally correct, how do you maximize your chance to include the evidence, or make the best possible record in case your evidence is not ...