Hang ‘em with their own words!
We were halfway through the direct examination of my star witness when I asked, “What did you hear Mr. Thomas say?” Even if you got a “D-” in your evidence class, when you saw that question you instinctively thought to yourself, “Objection! Hearsay!” My question called for the most obvious objection in the world, right? That’s why it’ll probably surprise you that my opponent didn’t jump up from his seat to yell “Objection!” In fact, he didn’t say a word. He just...
Read MoreAdding Impact to Opening Statements
Every single second of every single moment of his opening statement was filled with the sound of his voice which when you think back upon it you have to admit you were kind of amazed because there wasn’t a single comma or period or pause I mean did this guy even need to breathe it didn’t seem like it because he just kept going and going and going without regard to oxygen or jury expectations or even the court reporter it was almost as if he was afraid that the thought of...
Read MoreThe Rules of Repetition
Two hunters are out in the woods when one of them collapses. He doesn’t seem to be breathing and his eyes are glazed. The other guy whips out his phone and calls the emergency services. He gasps, “My friend is dead! What can I do?” The operator says “Calm down. I can help. First, let’s make sure he’s dead.” There is a silence, then two gunshots are heard. Back on the phone, the guy says “OK, now what?” The first time you hear that joke, it’s hilarious. The second...
Read MoreHelp Jurors Remember Your Witnesses
Admit it… You’re a little surprised at how quickly this trial has progressed, aren’t you? You thought it would take at least a week to try this case, but thanks to some stipulations from opposing counsel (and the judge’s continual prodding to “Move it along, counsel”) you’ve managed to pack 47 witnesses and 137 exhibits into a mere four days of testimony. Now it’s time for your closing argument. You rise from your seat, walk to your power position in the well of the...
Read MoreShow, Don’t Tell, During Closing Argument
Closing argument is your final chance to sway jurors. This is the last time you’ll be able to address the jurors and show them why your client deserves to win. If any of the jurors are sitting on the fence, this is your last, best chance to move them to your side. So why do so many lawyers squander this opportunity? Many lawyers spend their entire closing argument making arguments like this: Ladies and gentlemen of the jury, there’s no doubt that we have proven this case. We...
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