As my wife will attest, I’m distrustful of resolutions, whether they’re made at New Year’s or some other momentous occasion, like discharge from rehab. But I’m going to take this New Year’s Day to…
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 ArticleHave you ever found yourself negotiating with a brick wall? Maybe not a wall, but an opponent, coworker, spouse or five-year old so entrenched in her position that it seems to take a herculean…
Read ArticleHopefully I won’t ruffle too many feathers with the following pronouncement: appellate law practice is a distinctly different animal from trial or lower court practice and it requires specialized training or experience to do it well.…
Read ArticleA lawyer I know, he has a Secret Weapon. When I get around to revealing it, you’re going to be surprised, because it’s so obvious. But it totally works. First, a pop quiz: Question…
Read ArticleWe could debate for hours whether compelling public speakers are born with that gift or they achieve it through diligent practice. I suspect that, like many skills, it’s probably a bit of both. Few…
Read ArticleDo you fight over discovery? Admit it. It’s ok, we’re all friends here, no? Apparently lawyers still wage discovery battles. I won’t pretend that I’m immune. I still mix it up with the best of…
Read ArticleI previously wrote about the circumstances in which it makes sense strategically, financially or otherwise to involve local counsel. Here I want to draw on my experiences as an attorney who has frequently both…
Read ArticleOne of my favorite books about negotiation is Getting To Yes by Roger Fisher and William Ury. As the book jacket suggests, it really is “for everyone who has ever worried about what to do…
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…
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