Free Software for Trial Lawyers

Posted by Elliott Wilcox

On a budget?   Here are some software programs that will help you prepare for your next jury trialand won’t break the bank.  Most of these programs work on a variety of platforms, but since I’m a Mac guy, one or two of them might be Mac-only. IMAGE EDITING PROGRAMS GIMP: www.gimp.org Need to crop photos, modify images, or enhance images for trial?  This is a cheap (free) alternative to Adobe Photoshop.   It includes a wide variety of image editing tools.   It’s not...

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Should You Respond to EVERY Argument?

Posted by Elliott Wilcox

During closing arguments, your opponent may tell the jurors dozens of reasons why they should rule against you.  If you’re like most trial lawyers, you’ll want to address each and every one of those arguments during your opportunity for rebuttal.  But before you do, here’s a quick word of advice: Don’t. Responding to every argument is a knee-jerk response that many of us fall trap to.  You do it because you’re afraid that if you don’t counter every point...

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Do you listen to witnesses during direct examination?

Posted by Elliott Wilcox

It was a serious DUI accident, and the issue was whether or not the jury would be allowed to hear the results of the defendant’s blood alcohol level test.  If the blood test results were deemed inadmissible, the plaintiff’s case would be significantly weakened, so both sides were extremely well prepared for the hearing. The defense was the moving party, so they bore the initial burden of persuasion.  For their first witness, they called a toxicologist, and started with the routine questions...

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Day of Trial: Your Morning Success Ritual

Posted by Elliott Wilcox

During trial, you need your mind and body operating at their peak performance levels.  You need to be able to object immediately when you hear potentially objectionable material, to think quickly on your feet when cross-examination takes an unexpected turn, and to look energetic and engaged when delivering your closing argument.  If your mind and body aren’t at 100%, you’re doing your client a great disservice.  That’s why you need to establish a morning ritual that helps you get the most out...

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Don’t Let Jurors Lie to You During Jury Selection

Posted by Elliott Wilcox

How honest are your potential jurors?  I don’t know about you, but lately, I’ve seen a rash of lying jurors.  And the sad part is, there doesn’t seem to be any guaranteed way to catch them.  In a recent two week span, I selected juries for five different cases.  And in almost every single case, at least one juror lied to me, my opponent, or the court. In criminal cases, one of the issues I almost always inquire about is whether any of the jurors have ever been charged with a...

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