Adding Impact to Opening Statements

Posted by Elliott Wilcox

Adding Impact to Opening Statements

Every single second of every single moment of his opening statement was filled with the sound of his voice which when you think back upon it you have to admit you were kind of amazed because there wasn’t a single comma or period or pause I mean did this guy even need to breathe it didn’t seem like it because he just kept going and going and going without regard to oxygen or jury expectations or even the court reporter it was almost as if he was afraid that the thought of...

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Don’t Skip This Essential Pre-Trial Preparation Step!

Posted by Elliott Wilcox

Don’t Skip This Essential Pre-Trial Preparation Step!

It might be the back alley of a dive bar where a man was bludgeoned to death, the potato chip aisle at a local grocery store where the plaintiff claims he slipped and fell, or a tiled and antiseptic operating room where your client’s husband died during routine surgery. In each instance, regardless of whether the case is civil or criminal, the location is the same: it’s the “scene of the crime.” In your last case, how many times did you visit the “scene of the crime” before trial began? ...

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Punch a Juror in the Mouth!

Posted by Elliott Wilcox

You only get one chance to make a first impression. Whether you like it or not, jurors will judge you based upon their first impressions.  Your first impression affects how much jurors listen to you, how much they like you, and whether or not they’ll find you credible.  A bad first impression isn’t necessarily set in stone, but it takes a tremendous amount of effort to overcome someone’s initial “gut reaction,” so that means a negative first impression can taint every other...

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How to Develop Powerful Case Themes

Posted by Elliott Wilcox

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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How to Capture Important Details During Jury Selection

Posted by Elliott Wilcox

How to Capture Important Details During Jury Selection

Moments before you’re about to begin a one-day jury trial, you suddenly realize that you don’t have anything to write with. Fortunately for you, I’ve got some spare pens that I’m happy to give you. You have two choices:   Choice #1: My gold-plated Mont Blanc Bohème Doué, or Choice #2: Two of my 99¢ Pilot P-500 pens (one red, one blue) Whichever one you choose is yours to keep, no strings attached. Which would you prefer? “Wait a second,” you’re probably thinking,...

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