I’ve discussed here and here the wonderful primer on trial advocacy Lee Horton gifted to me before he retired. In his discussion on opening statements, he says this: “In making our opening statement, don’t try…
Read ArticleFrom Day One it is hammered into the head of every lawyer headed for trial: Ask Only Leading Questions. But is this truly gospel? McElhaney, quoting Mauet and others, doesn’t think so. Not only…
Read ArticleI previously wrote about my experiences with a unique trial lawyer (and war hero) I had the pleasure of working with too briefly before he retired, Lee Horton. Lee gave me a copy of…
Read ArticlePerhaps this is unique to California, but I just received another announcement from our attorney service of a courthouse closure. In addition, the notice mentioned yet another court that, although not closing altogether, was…
Read ArticleVisiting with my brother over the Thanksgiving holiday, our talk turned to strategy in chess. I confessed that, after about the fourth or fifth move in any game, I’m invariably at a loss for…
Read ArticleHaving the time and inclination to prepare as much as necessary–even over-prepare–really is a great equalizer when it comes to the trial lawyer’s craft. I had the good fortune to practice for a brief…
Read ArticleShould our trial preparation and presentation be appreciably different when trying a bench trial or arbitration before a single arbitrator? If so, how? As in most instances, McElhaney offers spectacular guidance on this…
Read ArticleI have previously written about the importance of maintaining a good rapport with courtroom staff. If you are in a California courtroom, and you notice the clerk and other staff seem less .…
Read ArticleI’ve been really fortunate over the years to get the opportunity to observe first-hand how focus groups and mock trials can help trial lawyers refine their strategy and presentation of cases. They can also be…
Read ArticleBloomberg TV interviewed Vel Hogan, the foreperson of the jury in the recent Apple v. Microsoft patent trial, which returned a $1 billion verdict in Apple’s favor. Undoubtedly future jury consultants will anchor entire PhD…
Read Article