One 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 ArticleCould licensed lawyers ever go the way of the Dodo and S & H Green Stamps? I came across this recent article in the Wall Street Journal about the growing interest by non-traditional law…
Read ArticleIn my last post, I attempted to describe what has come to be known as the Reptile technique of discovery and trial presentation, as advocated in the book, Reptile: the 2009 Manual of the Plaintiff’s…
Read ArticleFor many, the words “lawyer” and “reptile” are probably synonymous. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. That year, attorney Don Keenan and jury consultant David Ball…
Read ArticleThe ABA Journal reported on Friday that a Pennsylvania judge held a lawyer in contempt and increased the bond for his client when they were late for a jury trial. “We were all here…
Read ArticleEvery lawyer whose practice includes mediating civil cases is bound at some point to come face to face with the concept of a “mediator’s Proposal,” also called a “mediator’s number.” Here’s what happens: the…
Read ArticleBecause I pay attention to analytics, I know that my most popular posts are those in which I have passed on advice or comments from a judge or judge’s clerk. People apparently find and…
Read ArticleEverything I’ve ever read and heard about trial preparation, including cross-examination, points to preparation as the single most important element of success. I know that strategy has always served me best. But what about…
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 ArticleWhen we write to a court or to opposing counsel our goal is typically to persuade. When we write to a client, an expert or to a colleague, our aim is primarily to convey…
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