Don’t Make This Rookie Trial Lawyer Mistake!
It was Bill’s first trial. Like many young lawyers, he was concerned about getting his exhibits introduced into evidence. “I took a trial advocacy class in law school,” he said, “But I don’t want to make any mistakes that will stop me from introducing my exhibits. What should I do?” To help him get ready for trial, Bill’s trial partner encouraged him to look through a book on evidentiary predicates, write out his predicate questions word-for-word, and invest a...
Read MoreThe WORST Direct Examination Question
I’d done it again. I’d asked the witness a stupid question, and now I was paying the price. In fact, I’d asked him one of the worst questions we can ever ask during direct examination. The question wasn’t going to lose the case for me, but it certainly wasn’t going to help my case, either. So, what was this boneheaded question I asked? Here it is: “What happened next?” You’re probably thinking, “What’s wrong with that question? I ask it all the...
Read MoreStop Leading Your Witness!!!
Earlier this week I was in court for a motion hearing. Since I was early, I sat down and watched the hearing before mine. As you’ve heard me say before, any time you get the chance, I recommend watching other lawyers in action. If they’re better than you are, you’ll discover new skills or techniques you can apply to your practice. If they’re worse than you are, you’ll be reminded about mistakes that you shouldn’t repeat. No matter what happens,...
Read MoreWant to make witnesses hate you?
If I had to add it all up, I know that I’ve logged more than 10,000 hours in the courtroom. Between jury trials, non-jury trials, motion hearings, docket soundings, conference meetings, status checks, plea hearings, and miscellaneous courtroom arguments, I have spent a lot of time in a lot of courtrooms. I’ve been the lead trial lawyer on cases, sat second chair, been a witness, been called for jury duty, and even put on the robe to judge mock trials and teen court. With all of that...
Read MoreThe Importance of Listening During Direct Examination
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...
Read MoreResources for Trial Lawyers
