Make Industry-Specific Details Clear to the Jury

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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 ...

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

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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 ...

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

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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 ...