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 […]
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 […]
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 – […]
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 […]