Want to make witnesses hate you?

Posted by Elliott Wilcox

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...

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How to Deal with Jerk Trial Lawyers

Posted by Elliott Wilcox

How to Deal with Jerk Trial Lawyers

There’s nothing more frustrating for a trial lawyer than having to deal with an obnoxious trial lawyer for an opponent.  Even the simplest of cases can become a nightmare when you’re dealing with a jerk.  For example: “There’s no way you can win this case!” “I’m going to destroy your witnesses during cross-examination!” “The jury is going to laugh you out of court!” “There’s not a jury on the planet that will return a verdict in your favor!” “You can’t...

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The Most Dangerous Word in a Trial Lawyer’s Vocabulary

Posted by Elliott Wilcox

Do you know what the most dangerous word in your vocabulary is? You say it all the time.  It’s the most commonly used word in the English language.  If you listen to any conversation, especially conversations between lawyers, you’ll hear this word more often than any other.   More than any other, this word leads to claims of improper argument and unprofessional conduct.  Which word is it? “I.” That’s right – “I.”  The shortest word in the dictionary is also the most dangerous.  ...

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Professionalism in the Courtroom

Posted by Elliott Wilcox

Here’s what happens when you comment on a judge’s ruling…

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Do You Talk Too Much Before Trial?

Posted by Elliott Wilcox

Do You Talk Too Much Before Trial?

“Hey, I don’t know if you noticed this or not, but there’s a significant problem with your case. If you don’t do something to fix it, you’re guaranteed to lose. But if you can fix it, your chances of winning will dramatically improve. Do you mind if I tell you what the problem is?” If someone made that offer to you, your immediate reaction would probably be, “Yes, please tell me what’s wrong!” What’s surprising is that every day in courthouses around the country,...

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