One of the most important trial lawyer skills is the ability to think outside the box. It’s just as true when planning your presentation as when having to think on your feet at trial. Your case investigation may unearth evidence of “other bad acts” evidence committed by the other party, which you would love to […]
Five Procedural Tools for Plaintiff Trial Lawyers
While trial lawyering is hard, the Federal Rules of Civil Procedure and Evidence furnish tools that can help advocates cut to the chase and simplify issues for the presentation of evidence. Whether your audience is the judge or jury, these tools can flush out game playing and streamline your case. Consider the following. 1. Attack […]
Essential Case Perspectives: 5 Things You MUST Consider
There is no getting around it – the process of learning a case is hard work. It means taking the time to interview the client and potential witnesses, and reviewing documents to separate the wheat from the chaff. It means pulling back from your notes long enough to simply think about the potential case – […]
Case Notebooks: An Organizational Tool for Trial Lawyers
Much has been written about trial notebooks as an organizational tool to house all the important information for use at trial. Undoubtedly, a trial attorney should begin assembling a trial notebook sufficiently in advance of trial – arguably months before the docket call. But what about the months or sometimes years of litigation that precedes […]
Becoming a Trial Athlete: 4 Tips for Maximum Legal Performance
Trial lawyering is a contact sport. To succeed, you need a level of endurance and mental toughness made possible only to those who take care of their mind and body. If you want to build and grow a trial-oriented practice, you must learn to become a “trial athlete.” Recognizing that final trial preparation and the […]
Scripting a Trial: Part 2
Jury trials don’t simply happen. Trial presentations are the product of months of preparation and planning that some refer to as “scripting a trial.” In a previous article, I described the process of creating witness outlines as the foundation for all other trial preparation. This process necessarily forces a trial attorney to identify exhibits that […]
