The 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 ArticleI had a great dinner last night with someone I’ve known off and on for several years and who qualifies as one of the true luminaries of the Los Angeles Bar. Part of what…
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…
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