Should You Have a Second Trial Lawyer?

Posted by Elliott Wilcox

Should You Have a Second Trial Lawyer?

Many trial lawyers don’t want to share the glory, but a second chair can prove invaluable in complex cases, cases with large amounts of evidence, or cases with large numbers of witnesses.  Here are three important issues you and your co-counsel should agree upon before adding a second chair to your trial: 1. Decide if your co-counsel will be an “active second” or a “silent second.” Active second chair attorneys question witnesses, cross-examine opposing witnesses, and may even...

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Admitting Evidence – There’s Always a Way!

Posted by Elliott Wilcox

Admitting Evidence – There’s Always a Way!

Working in the criminal court system, I’ve gotten the chance to learn all sorts of “interesting” things.  Over the years, I’ve discovered things that most people will never get the chance to learn.  For example, I know the best place to hide cocaine from the police (it’s called “crack” for a reason), I know what an autopsy smells like (think “wet garbage”), and I know three ways to avoid a D.U.I. (the best one?  Call a cab.) But one of the most useful things I’ve ...

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Million Dollar Jury Trial Case Themes You Can Steal

Posted by Elliott Wilcox

Million Dollar Jury Trial Case Themes You Can Steal

Your case theme can have a major impact on the jury.  When you develop a powerful case theme, you give the jurors a lens through which they will view the evidence in your case.  For example, in a rape case, one side might frame the case as the story of “a controlling man who refused to take ‘No’ for an answer and forcibly raped a young woman” while the other side says the case is about “a woman overcome by remorse and regret after a consensual one night stand.” Depending on...

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What to Pack for Trial

Posted by Elliott Wilcox

If you frequently travel for business, you know the terrible feeling of arriving at your destination only to realize that you’ve left your toothbrush or razor at home.  That’s why people who regularly travel on little (or no) notice understand the importance of keeping a “travel kit” packed and ready to go.  In case you’ve never heard of a travel kit before, it’s a bag packed with all of the essential items you would need for a short business trip. Your travel kit is probably similar...

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Should Trial Lawyers Ever Stipulate?

Posted by Elliott Wilcox

The case was serious.  The charge?  Attempted Murder with a Firearm.  The defendant was accused of shooting the victim in the head, and he was facing a potential sentence of life in prison.  You would think that because its seriousness, my opponent and I would be fighting over every single issue in the case.  But nothing could be further from the truth. Instead, we were standing in the hallway behind the courtroom, talking with the judge and telling him that we were stipulating to nearly every material fact...

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