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 ...

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 ...

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 ...