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 […]
5 Tips for Overcoming Document Games
Sooner or later, every trial lawyer encounters an opponent playing games with document production. Ethically, we can’t tolerate that. Zealous advocates look for “smoking guns” and other documents to prove the elements of their case. Unscrupulous attorneys (and yes, they’re out there), stand in the way of that goal. Consider the following tactics to overcome […]
Controlling Client Expectations: A Core Trial Lawyer Skill
In many markets, legal advertising nearly saturates the airwaves. In an overcrowded market, competitors urge consumers to hire a “pitbull.” Not surprisingly, many potential clients walk in with inflated expectations about the outcome of their potential case. Getting those expectations under control is one of the most important client-relation tasks you will face. Clients with […]
