Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Basic Points to Consider in Redirect Examination
On September 5, 2024, the Supreme Court of Ohio issued a ruling addressing the application of the same-juror rule in negligence cases in Hild v. Samaritan Health Partners, deciding whether the defendant-hospital was negligent...more
As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more
First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more
Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more
In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more
Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more
Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice...more
Movies and television shows often inaccurately depict the courtroom. We usually attribute it to “entertainment.” But what if parts of what they show are accurate? What if the outlandish and unpredictable results depicted can...more
In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the...more
It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and...more
All lawsuits start with the potential to someday reach the view of a jury. Yet, the jury’s perspective is often forgotten by attorneys preoccupied with discovery, motion practice, the preparation of witnesses, and the hiring...more
The recent flurry of high-profile cases—including the convictions of Sam Bankman-Fried and Rust armorer Hannah Gutierrez-Reed, as well as the hush-money trial of Donald Trump—has brought widespread attention to the power of...more
Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more
The use of special interrogatories given to juries to render verdicts has been said to be “admittedly fraught with many pitfalls in the potential conflicts between the general verdict and the interrogatories,” and is “nothing...more
By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury...more
In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the real-world challenges of direct examination, emphasizing that while the ideal scenario would be a perfectly coherent...more
The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the...more
INLINE PLASTICS CORP V. LACERTA GROUP, LLC - Before Taranto, Chen, and Hughes. Appeal from the United States District Court for the District of Massachusetts....more
This is the third in a series of articles presenting the "Theory of Core Values" as an explanation of how jurors reach their verdicts. I developed this theory over the past 40 years as a trial lawyer, law school professor,...more
Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the...more
On February 26, 2024, the California Supreme Court issued an opinion in TriCoast Builders, Inc. v. Fonnegra (S273368), whereby the Court affirmed the judgment and determined the trial court did not abuse its discretion in...more
In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more
For decades, litigators have relied on focus groups. While this approach can help identify issues for further exploration, attorneys often use focus groups to shape trial strategy or even predict outcomes. But focus groups...more
By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they...more
By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in...more