“Always one thing at a time. Why must you put out your facts like gold coins, Frau Richter?” -John Le Carre, A Most Wanted ManI recently spent several days preparing inexperienced witnesses for their first…
Read Article[This article was previously published in the November 2, 2014 issue of California Litigation] “Believe it or not, the composition and layout of some of my images fall precisely . . . within the…
Read ArticleI remind myself that only a fraction of readers will be familiar with that cultural chestnut, Sanford and Son. You might ask: what’s worse, 70s era sitcoms built upon dismal racial stereotypes, or our…
Read ArticleA couple of weeks ago, I sent fellow blogger and trial consultant Rich Matthews an email asking if he would comment on a post I was thinking about writing. It would be called “Avoid…
Read ArticleOn Wednesday, a 12-member New York jury returned a verdict against Michael Steinberg, a senior portfolio manager with hedge fund SAC Capital Advisors LP, finding him guilty of trading using inside information that allegedly…
Read ArticleHere are some ideas, courtesy of Professors McElhaney and Mauet, on effectively cross-examining your opponent’s expert witness at trial. 1. Make Him or Her Your Own Expert. Professor McElhaney suggests you look for places where…
Read ArticleI’ve previously written about how young lawyers enjoy an undeserved reputation for honesty. It’s a gift. Don’t squander it. Similarly, when jurors encounter a trial lawyer for the first time, the lawyer’s mere presence…
Read ArticleI found a fantastic interview of trial legend Edward Bennett Williams from the Winter, 1986 issue of Litigation which I intend to read and re-read like the Bible. Among the myriad of topics he discusses was the…
Read ArticleI’ve written before about the wisdom, in the context of a jury trial, of obtaining pretrial orders by the judge excluding or significantly limiting certain items of evidence you anticipate will be offered by…
Read ArticleIt’s probably my mind playing tricks on me, but I have a foggy memory, from younger days, of removing my belt and shoes in order to forge through the security screening apparatus and into…
Read Article