Magic 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 MoreGive Jurors Time to Think During Jury Selection
You know that jury selection can be the most important part of your trial, because it’s your only chance to uncover the views, attitudes, or life experiences that potential jurors will bring into the deliberation room. If you don’t uncover their negative views and beliefs during jury selection, you’ll be stuck with a juror who is biased or prejudiced against your client, and your client won’t get a fair trial. How will you uncover those biases and prejudices? With the...
Read MoreThe WORST Question You Can Ask in Direct Examination
I’d done it again. I’d asked the witness a stupid question, and now I was paying the price. In fact, I’d asked him one of the worst questions we can ever ask during direct examination. The question wasn’t going to lose the case for me, but it certainly wasn’t going to help my case, either. So, what was this boneheaded question I asked? Here it is: “What happened next?” You’re probably thinking, “What’s wrong with that question? I ask it all the...
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