In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential...more
So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed that you are not in the driver’s seat at this stage: The deposition is the...more
The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in...more
With mounting frustration over the duration and human cost of the Coronavirus pandemic, along with the sluggish pace of vaccinations in many parts of the country, President Joe Biden, this past week, threw down the gauntlet...more
For more than a year, many of us have been presenting to audiences by Zoom or other web-conferencing platforms rather than presenting in person. Largely, the experience has lived up to the challenge, convincing many in the...more
To many trial-watchers, a key moment in the recent trial of former Minneapolis police officer, Derek Chauvin, for the murder of George Floyd, came during the testimony of Dr. Martin Tobin. This Chicago pulmonary physician, in...more
Well, Wednesday’s Vice Presidential debate was more civil than the top-of-the-card match last week. It offered a more substantive comparison of positions, with the candidates on both sides looking mature, reasonable, and even...more
Here is a scenario that might be playing out in various forms around the country: A judge looks at her increasingly crowded docket during the coronavirus pandemic and thinks, “Well, I’m doing professional meetings on Zoom...more
When preparing a witness, there can sometimes be a strong impulse to say, “Just answer the question.” That impulse comes from an appropriate desire to keep things simple, and to keep the witness from wandering or waffling....more
For trial lawyers, there is a great deal of lore on the kinds of jurors you would want for particular cases. While some attorneys will focus on traits like gender, age, or occupation, the smarter course, in my view, is to...more
Across the country, restaurants are changing what it means to be a restaurant, movie theaters are changing what it means to be a movie theater, and conferences are changing what it means to be a conference. So maybe it’s...more
9/16/2020
/ Coronavirus/COVID-19 ,
Judicial Proceedings ,
Juror ,
Jury Trial ,
LegalZoom ,
Litigation Strategies ,
Masks ,
Popular ,
Social Distancing ,
Trial Attorneys ,
Videoconference ,
Virtual Litigation ,
Witness Statements
As a twice-weekly blog writer focusing on the social science of legal persuasion, I am thankful that during this medical emergency, the research has kept coming. Even as restaurants, bars, beaches, and schools have been shut...more
Take a moment and visualize what your next in-person jury trial might look like. The jurors arrive at the courthouse and have their temperature checked while being asked whether they or anyone in their household have been...more
Might a fear-based strategy have greater purchase in the present pandemic climate? People are certainly feeling scared and vulnerable these days. Even as states begin to relax the coronavirus stay-at-home restrictions, the...more
5/15/2020
/ Bias ,
Coronavirus/COVID-19 ,
Court Closures ,
Defense Strategies ,
Government Lockdown ,
Juror ,
Jury Trial ,
Litigation Strategies ,
State of Emergency ,
Trial Attorneys ,
Trial Practice Guidance
If you’re like me, you have been clicking into a ton of web-conferences lately. That’s true of the whole business world, but I think the legal workplace is a natural fit for web conferencing. After all, it is a field that is...more
The Coronavirus is exaggerated, the fatality numbers are being cooked, and the media is just hyping the crisis for political reasons. The treatments are being kept from us, and the quarantine is just a dry run for an upcoming...more
The state of New York is one of the biggest epicenters for the coronavirus illness in the United States. What has become a ritual within many states, and at the White House level as well, is the “Daily Briefing.” All of the...more
Those of us who work in trial preparation and case assessment are in a remarkable new reality as trials across the country are on indefinite hold. Unlike some past natural disasters and economic disruptions, the one is not...more
Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the...more
3/30/2020
/ Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
Eyewitness Testimony ,
FRCP 43 ,
Litigation Strategies ,
Social Distancing ,
Trial Attorneys ,
Trial Practice Guidance ,
Videoconference ,
Witness Statements
Most of us are now entering our second week, or longer, of isolation to maintain social distance, limit transmission, and help “flatten the curve” of the current Coronavirus pandemic. For lawyers, of course, that generally...more
One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo. As that happens to your own once trial-bound...more
As the Coronavirus spreads, and mock trials are being rescheduled, many courts are restricting operations or shutting down completely, and people are rapidly adapting to a new normal of restricted events and “social...more
The art of training legal advocates has a long and honorable history. For example, the Socratic method used in law school is still an unbeatable way to teach critical thinking. But what about trial advocacy? On that score,...more
It looks like we are heading into another one of those times, like the OJ or Casey Anthony trials, when all of the nation’s attention will be fixated on an interesting and high-stakes legal process. As the impeachment inquiry...more
Since it’s Halloween, let’s consider a frightful topic. Experienced trial lawyers usually get past their stage fright early on, and even come to relish the idea of standing in front of a jury, or most any audience. But...more
10/31/2019
/ Bench Trial ,
Defense Strategies ,
Jury Trial ,
Law Students ,
Litigation Strategies ,
Professional Development ,
Stress Reduction ,
Trial Attorneys ,
Trial Practice Guidance ,
Trial Preparation ,
Work-Induced Stress ,
Young Lawyers