A Bottom Line Message that Wins at Trial
Do you know what your most important case is really all about? Probably not. Can you boil down all the facts into a simple sentence (a bottom line message) that explains to a judge, mediator, or jury why you should win? Probably not. The reason you---and me---make this mistake is
The Qualities of Great Trial Lawyers
The Qualities of Great Trial Lawyers To become a great trial lawyer, you need eightBelow is an examination of certain qualities: you must develop your own style, tell a compelling story, see your case through the jurors’ eyes, be prepared, adopt an attitude of less is more (the rule of three),
The Six Factors that Determine a Trial’s Outcome
Every lawyer can remember two factors that were discussed in the first days of law school: “If you have bad facts, argue the law; if you have bad law, argue the facts.” For example, if you represent a plaintiff against a large company that put out a product that hurt
Land lights let be divided
Ut enim ad minima veniam, quis nostrum exercitationem ullam et suscipit laboriosam, nisi ut aliquid ex ea commodi consequatur. Et mollis, est non commodo luctus, nisi erat porttitor ligula, eget lacinia odio sem nec elit. Integer posuere erat a ante venenatis dapibus posuere velit aliquet. Donec ullamcorper nulla non metus
The Reason Why Direct Examination is So Difficult
Direct examination is the part of trial when an attorney usually asks favorable or neutral witnesses questions that help prove his or her case. Most attorneys incorrectly assume this task is easy and their lack of preparation shows. One challenge is that unlike normal conversations between two people, the witness cannot
Two Reasons Why You Should Take a Deposition
Enrico Fermi, Nobel Prize winner for Physics in 1938, once said, “There are two possible outcomes: if the result confirms the hypothesis, then you’ve made a discovery. If the result is contrary to the hypothesis, then you’ve made a discovery.” Much like a scientist who tests a hypothesis, you need to
Trial Advocacy Techniques (Part II)
In Part II of this Trial Advocacy Techniques series, I want to share some tips on opening statement that I learned from writing my latest book, Turning Points at Trial. In Part I, we learned the importance of making a boring case interesting in order to persuade the factfinder. Here are
Trial Advocacy Techniques (Part I)
This post explores some of the most important trial advocacy techniques of great trial lawyers that I learned from writing my latest book, Turning Points at Trial. Given that most lawyers do not have very exciting cases, I asked the great lawyers in my book whether it was worth the effort
"Secrets of Great Trial Lawyers" (Part 1)
In my latest trial advocacy book, Turning Points at Trial, I interviewed thirteen of the greatest lawyers in the country such as Robert S. Bennett, Alan Dershowitz, Mark Lanier, Tom Girardi, and Bryan Stevenson to learn the secrets of their success. This is the first blog post in a series that explores
Five Reasons Not to Take a Deposition
Most lawyers decide to take depositions out of habit without ever thinking through the consequences of whether they should even be taken in the first place. There are some serious disadvantages to taking a deposition. First, it can be expensive. Besides the cost of the court reporter, the deposition takes a