In previous posts we have made it clear that civil litigation attorneys of various stripes need to develop a “trial edge” if they want to be taken seriously by opponents. Insurance companies and defense attorneys keep score on plaintiff attorneys and whether they are willing to go to trial. They know when they are dealing […]
Case Retreats: Winning Through Brainstorming
Winning cases is a team effort. If you are dedicated to building a trial-oriented litigation practice you will need to surround yourself with team members who can help you review documents, digest depositions, help take witness statements and ultimately help try the case. There is too much going on in a civil case to do […]
Saving Your Case Through Re-Direct Examination
Re-direct examination is your best opportunity to undo the damage of cross-examination. Here are three steps you can take to master it.
Storytelling for Trial 101
Much has been written about trial lawyers adopting storytelling techniques in order to best present their client’s case. Indeed, it makes sense to boil down complex facts into a compelling story that will motivate jurors to decide a case in your client’s favor. But how does one learn to do that? Commentators tell us to […]
Identifying Your Worst Juror: A Key to Case Improvement
Trial lawyers are responsible for helping their clients look beyond the “case bubble,” to identify weaknesses in their case. While some cases are “slam dunks” and others are “dogs,” most cases are debatable. The fault line between favorable and unfavorable jurors may come down to the attitudes and world view of unfavorable jurors. As a […]
A ‘Barrister’ Approach to Mediation
In earlier articles, I’ve proposed that trial attorneys adopt a “barrister” mindset (i.e. a trial-focused practice that intakes cases that will be tried unless a favorable settlement can be achieved). Such a practice is ethically more responsible than a “settlement mill” that exists primarily for the economic benefit of the lawyer, not the client. After […]
