What are we talking about? Let’s say you ask a witness something he doesn’t want to admit, such as a doctor who doesn’t want to admit he elected not to perform a useful diagnostic…
Read ArticleOne of our most important jobs during trial is to object, when necessary, to prevent the improper admission of evidence. But doing this job, even properly, is not without its risks. Chief among these…
Read ArticleTwo blawg posts last week caught my eye. Both discussed preparing and defending witnesses at deposition. At the Lawyerist, Chris Bradley talked about his experiences defending a client in his first judgment-debtor examination. His title…
Read ArticleEver found yourself in that situation where you are not only losing an argument or motion, but it seems mysteriously like the judge is bent on preventing you from making a decent record of…
Read Article“We got a kinder, gentler, Machine gun hand” – Neil Young There is the temptation, it’s almost primal, to be derisive, if not outright mean, when cross-examining a witness who has lied in the…
Read ArticleA strong editorial in the Wall Street Journal today by SNR Denton lawyer Matthew Lifflander discusses the economic impacts of lying, with a particular emphasis on perjury in court. I’m sure that, like any…
Read ArticleOne of the earliest motions I learned to write while working as a law clerk was a motion in limine. Perhaps because of the brevity and intentionally narrow scope of these motions, the job of…
Read ArticleIt’s interesting that our law school evidence classes teach us the mechanics of the rules of evidence, however, (if my memory serves) we’re not given much guidance on how to decide whether, assuming a question…
Read ArticleEvery once in a while I get a glimpse into the way another lawyer or firm practices their craft and I have something like an epiphany. I realize there’s a vastly better way to…
Read ArticleOk, I realize I’m a little late to the party, as Sargon Enterprises, Inc. v. Univ. of Southern Cal. (212 DJDAR 15846) was issued at the end of November, 2012. But, better late than…
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