The Trial Lawyer’s Library
When I began my career as a trial lawyer, I had no idea what books I was supposed to read. There were hundreds of thousands of books in my law school library, but I wasn’t sure which ones were most important to developing my trial advocacy skills. I read thousands of thousands of pages, looking for the best trial advocacy tips and techniques, and wasted a lot of time, energy, and money in the process. Hopefully, this list will help you shortcut the process that I went through. In this article,...
Read MoreOpening statement: Are you promising too much?
“Your closest exit may not be the one in front of you.” “Your seat is a flotation device.” “If we start hurtling to our deaths, oxygen masks will descend from the ceiling…” If you’ve flown more than once, you’ve probably ignored this exact same message, haven’t you? It’s the standard safety video they play before your plane taxies down the runway. All of these videos sound pretty much the same, and I’d heard the instructions hundreds of times. But, much to my...
Read MoreTrial Lawyers – Know Your Audience!
One of the first and most important rules of effective advocacy is this: “Know Your Audience.” Before you walk into any advocacy situation, you should be able to answer three important questions: 1. Who are you speaking to? 2. Who are you trying to persuade? 3. Why? Often, there are several audiences (not all of whom are physically in the courtroom): The judge, the jury, opposing counsel, your client, the opposing party, the appellate record, the press, yourself, the local bar, the general public, family or...
Read MorePunch Your Jurors in the Mouth!
Whether you like it or not, jurors will judge you based upon their first impressions. Your first impression determines whether the jurors will listen to you, how much they’ll like you, and whether or not they’ll find you credible. A bad first impression isn’t necessarily set in stone, but it will take a tremendous amount of effort to overcome their initial “gut reactions,” so that means a negative first impression can taint every other interaction you’ll have with jurors. So, if first...
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...
Read MoreResources for Trial Lawyers
