Why introduce rhetorical figures into your legal writing? Well, if done right, they can elevate good writing to great writing. As pointed out by that acknowledged legal writing guru, Bryan Garner, in The Elements…
Read ArticleI last wrote, rather flippantly I thought, about why, when given the choice, I generally shun arbitration in favor of mediation. One of the comments I received, from über-neutral Deborah Rothman, suggested that I…
Read ArticleAgain and again the message I hear from accomplished trial lawyers is that preparation is the absolute key to success in the courtroom. I previously wrote a post endorsing what I will term a “guerrilla”…
Read ArticleThe media, film, and TV have long fueled a belief that the most important quality any lawyer can possess is the ability to conduct a withering cross-examination of a pivotal witness. As practitioners, we know…
Read ArticleSun Tsu wrote that “Every battle is won before it’s ever fought.” This adage is never more true than in the world of civil and criminal litigation. I say this because our strategic decisions and…
Read ArticleWhat 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 Article“Some people cling to an old-fashioned, post-Victorian belief that gestures are inappropriate for public speaking. Law students and attorneys are often told to place their hands on the lectern or at their sides, because…
Read ArticleA colleague who recently passed the California Bar Examination hosted a group of us to a round of drinks and the talk turned to bar examination grading. Specifically, how little time the graders spent…
Read ArticleI’ve previously written here about the Reptile litigation strategy, and here about how to prepare a witness for a Reptile deposition. In this post, I want to explore how to challenge the Reptile strategy…
Read ArticleIn all but the rarest instances, I come away from a lawsuit with a clearer memory of my opponent’s lawyer than of the opponent. When I get involved in a new case, I’ll often…
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