The Proper Use of Notes During Jury Trials
How many notes do you use during trial? It’s a delicate balancing act. Too few notes, and you run the risk of forgetting to address an important element of your case. Too many notes, and you risk sounding scripted. Here are a couple of quick tips for improving your use of notes during trial. When Speaking Directly to the Jury The importance of eye contact in the courtroom can’t be overstated. The visible (sometimes barely visible) reactions of your jurors can help you decide...
Read MoreThe Secret to Spotting Favorable Jurors During Jury Selection
If you get the jury panel talking, you'll find some jurors who openly love your case, and others just as vocal in their opposition. Regardless of which way they fall, these strongly opinionated jurors will probably never sit on your jury. But what about the jurors who aren't as obvious? How do you identify those potential jurors?
Read MoreWhat REALLY Matters During Cross-Examination?
With language, it’s not just the words you use, but the order they’re placed in. By changing the syntax, you can radically alter the meaning of a phrase. For example, look at these two phrases: #1: You are not as pretty as she is. #2: She is not as pretty as you are. Same words, different meanings. Both phrases contain exactly the same words, but only one gets you slapped across the face. Obviously, syntax can be powerful, so in this tip, you’ll learn how to harness...
Read MoreHow to Testify
How many times did you testify during your last trial? According to the Federal Rules of Evidence definition of “testimony”, your official answer should be zero. Unless something bizarre and unexpected arose, you probably didn’t find yourself raising your right hand, swearing or affirming to tell the truth, sitting in the witness box, and then telling “the truth, the whole truth, and nothing but the truth.” But that doesn’t mean you didn’t testify. In fact, you probably testified...
Read MoreThe “Best” Closing Argument?
How do you structure your closing arguments? If you’re like many attorneys, you probably take advantage of primacy to start strong and tell the jurors how strong your case is and show them why you deserve to win. Normally, that’s exactly how I coach law students and trial lawyers to structure their closings. “Start strong,” I’ll say, “disclose your weaknesses in the middle, and then finish strong.” But… That’s not necessarily the “best” way to...
Read MoreResources for Trial Lawyers
