What are your jurors thinking?
When you go to trial, your goal is to persuade the jurors to vote in your client’s favor, right? To accomplish that goal, it’s essential that you find out what they’re thinking. Wouldn’t you like to find out the answers to these questions? Do they believe your witnesses? Do they believe your opponent’s witnesses? Do they have doubts about your theory of the case? Do any of the witnesses have credibility issues? Do they understand technical issues you’ve raised? Are they...
Read MoreShould you cross-examine with prior inconsistent statements?
The prior inconsistent statement. Most cross-examiners love prior inconsistent statements. If you were to create a “top ten” list of methods for impeaching witnesses, prior inconsistent statements would rank near the top. If you’ve ever caught a witness in a genuine inconsistency (“Today you testified that the light was green, but in your deposition, you testified the light was red…”), you understand how effective the impeachment can be. But be careful. Not all prior...
Read MoreTrial Lawyers – Know Your Audience!
One of the first and most important rules of effective advocacy is this: “Know Your Audience.” Before you walk into any advocacy situation, you should be able to answer three important questions: 1. Who are you speaking to? 2. Who are you trying to persuade? 3. Why? Often, there are several audiences (not all of whom are physically in the courtroom): The judge, the jury, opposing counsel, your client, the opposing party, the appellate record, the press, yourself, the local bar, the general public, family or...
Read MoreAdvice from an Experienced Trial Lawyer
“William Wirt’s Advice to a Young Lawyer” This week’s post is a little different. I found a book written in 1850 entitled, Success in Life: The Lawyer, by L.C. Tuthill, and thought you might enjoy one of the chapters from that books, entitled “William Wirt’s Advice to a Young Lawyer.” Wirt, who was the prosecutor in Aaron Burr’s treason trial, is credited with turning the Attorney General’s position into a position of influence (he held the position for 12 years,...
Read MoreJury Selection: What Should You Talk About?
Here’s a quick video with tips for improving your jury selection skills. In this video, you’ll learn how to decide which questions to ask during voir dire, so that you cover the most important issues and can conduct your jury selection in the most effective manner...
Read MoreResources for Trial Lawyers
