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 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 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 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 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 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 ArticleAs I grow older, I become increasingly familiar with the feeling of “dating” myself by admitting to TV shows I watched, music I liked, or even sports I played (remember Dodgeball?). I date myself as…
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…
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