The Trial Lawyer’s Library
When I began my career as a trial lawyer, I had no idea what books I was supposed to read. There were hundreds of thousands of books in my law school library, but I wasn’t sure which ones were most important to developing my trial advocacy skills. I read thousands of thousands of pages, looking for the best trial advocacy tips and techniques, and wasted a lot of time, energy, and money in the process. Hopefully, this list will help you shortcut the process that I went through. In this article,...
Read MoreShould You Respond to EVERY Argument?
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...
Read MoreAre You Looking Jurors Squarely in the Eyes?
The fewer obstructions between you and your jurors, the more persuasive you will be. Yet many trial lawyers purposely place an obstacle between themselves and their jurors. That obstacle? Their notes. Here’s the slippery slope your notes create: The more notes you bring with you to the lectern, the more you will depend upon them. The more you depend on your notes, the less eye contact you will have with your jurors. The less eye contact you have with the jurors, the less...
Read MoreThe 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 “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
