Are Jurors Ignoring Your Exhibits?
Learn how to prevent jurors from ignoring your exhibits during direct examination.
Read MoreHang ‘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 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 MoreMagic Phrases for Admitting Exhibits
As a trial lawyer, you know that it’s not enough to merely limp across the finish line and get your exhibits admitted into evidence. If you want to win, your exhibits need to persuade the jurors. Unfortunately, the persuasive effect of your exhibits can be diminished by a sloppy presentation or a bumbling attempt to introduce the exhibit into evidence. Getting exhibits into evidence is easy. Here’s all you have to do: Pre-mark the exhibit Show it to opposing counsel Show it to...
Read More“Subpoena Her Facebook Page!”
Normally, having a Facebook or MySpace page is a great social networking tool for keeping in touch with friends and acquaintances. However, sometimes it can contain damaging evidence against your client. (Here are some examples of how the police have used MySpace to detect or prosecute crimes: MySpace crime examples). Anyway, I just wanted to point out a great article written by Mark Hermann (author of The Curmudgeon’s Guide to Practicing Law) entitled “E-Discovery for Defendants.” In the...
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