How to Bulletproof Your Jury Instructions

Posted by Elliott Wilcox

Every judge I’ve practiced before seems to have a different take on how the jury instructions should be prepared.  Some judges ask the plaintiff to prepare draft copies of the instructions and the verdict forms.  Others ask both sides to prepare an agreed-upon set of final jury instructions and verdicts.  Some judges prepare the first draft of both, and then edit them with both attorneys present.  Still others don’t prepare any written instructions at all, instead preferring to...

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Punch Your Jurors in the Mouth!

Posted by Elliott Wilcox

Whether you like it or not, jurors will judge you based upon their first impressions.  Your first impression determines whether the jurors will listen to you, how much they’ll like you, and whether or not they’ll find you credible.  A bad first impression isn’t necessarily set in stone, but it will take a tremendous amount of effort to overcome their initial “gut reactions,” so that means a negative first impression can taint every other interaction you’ll have with jurors. So, if first...

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