Evidence

In a pair of recent decisions out of Florida’s Fourth District Court of Appeal the mechanics of getting text messages into evidence, specifically how to authenticate them, was explored with differing results. In a digital world where most communications are transmitted via text messages or emails mastering these mechanics is now a required trial lawyer core […]

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 […]

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 […]

Virtually all civil cases are driven by documents.  Personal injury lawyers must gather and manage medical records and damages documentation.  Business litigators must collect company records and corporate communications.  Employment litigators need to obtain the client’s personnel file, disciplinary documents and the like.  The problem is that in the digital-information age, the volume of data […]

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 […]