Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a…
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/ Alternative Dispute Resolution (ADR), Civil Procedure
Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a…
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/ Civil Procedure
Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and specific…
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/ Civil Procedure, Law Practice Products & Services
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…
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/ Civil Procedure
When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to discuss…
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/ Civil Procedure
I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine: It’s…
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/ Civil Procedure, Communications & Media Law, Elections & Politics
Of all the areas of legal lore, perhaps none are more loaded down with mystique than jury selection. Attorneys with long experience will develop some pretty solid views, and those habits on who they’re looking to seat and who…
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/ Civil Procedure
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 verdicts…
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/ Civil Procedure, Civil Remedies, Elections & Politics
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…
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/ Civil Procedure, Constitutional Law, Criminal Law
At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination…
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/ Communications & Media Law, Law Practice Products & Services
For a little over a year, the world has been abuzz with the experience of accessible artificial intelligence, and overflowing with speculation on the many ways it will change the ways we live and work. For law, a field that…
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/ Law Practice Products & Services, Science, Computers, & Technology
As civil jury trials continue to become more scarce, the need to reasonably assess what result a jury would return in trial becomes even more important. Even when the trial does not happen — especially when it does not happen –…
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/ Civil Procedure, Personal Injury
With the news world still abuzz with implications of former President Trump’s 34 felony convictions and impending sentencing in New York, we are left to wonder about the effectiveness of defense attorney Todd Blanche’s closing…
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/ Civil Procedure, Criminal Law, Law Practice Products & Services
How many times have you heard that a jury — especially a jury that is deliberating about damages in a civil case — is about as predictable as the lottery? The broad perception is that as jurors arrive at figures in the…
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/ Civil Procedure, Civil Remedies, Personal Injury
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 the…
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/ Civil Procedure, Criminal Law
