Can Jurors See and Hear Your Most Important Evidence?
If you try enough cases, you’ll eventually get your hands on “It.” “It” is that amazing piece of evidence that makes or breaks your case. “It” takes on many different forms: The “Are you lying then or are you lying now?” prior inconsistent statement The “I did it, and I’d do it again!” confession The video of the “disabled” plaintiff easily lifting 50 lb. bags of mulch or participating in semi-professional wrestling matches The “smoking gun”...
Read MoreAre jurors ignoring your documents?
It was a paper-intensive trial, one of those cases where the phrase “Plaintiff’s Exhibit #2,598,124” doesn’t seem to shock anyone. Because the stakes were high, it was a well-financed operation, and both parties brought a lot of technology with them. One of the gizmos the plaintiffs brought with them to help present their evidence was a computer projector and a visual display program like Sanction or Trial Director. If you try document-intensive cases, you know the...
Read MoreDon’t Exclude the Jurors from Your Bench Conferences
When was the last time you watched someone else try a case? Have you ever snuck into a courtroom and watched your opponent present a case? If not, let me recommend you jump at the opportunity to watch someone else pick a jury and present their case. If you do, you’ll learn some things that you wouldn’t normally notice about successfully trying cases. Last year I had the opportunity to watch numerous jury trials and critique the performance of the attorneys. When I watch...
Read MoreThree Quick and Easy Ways to Minimize Nervousness During Trial
You are a professional communicator. It’s your job to speak on behalf of your clients and ensure that their voices are heard. But what happens if you’re too nervous to properly present your client’s case? When you forget what you need to say or if the words get trapped and won’t come out, your client suffers. Nervousness can decimate the presentation of your case, but if you apply these quick and easy tips, you’ll minimize its impact and present your...
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...
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