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Closing Arguments Voir Dire

Bracewell LLP

Improper Jury Argument: Texas Courts’ Recent Focus on Unsubstantiated Anchoring

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Texas courts have recently provided guidance on what constitutes improper jury argument, focusing specifically on unsubstantiated anchoring. Trial counsel routinely use strategies to enhance the persuasiveness of their...more

Holland & Knight LLP

Why Demonstrative Aids Are Critical in Every Case

Holland & Knight LLP on

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses why demonstrative aids are critical in every case. Mr. Small shares why he believes simple demonstratives, when...more

Holland & Hart - Your Trial Message

Allow a Little Awkward Silence

Trial lawyers work in words: language that is precise, economical, and influential. Those words are the water that litigators swim in, and for that reason, the absence of words can be a little uncomfortable. That can be an...more

Holland & Hart - Your Trial Message

Thank Your Jurors…Just Don’t Go Overboard

I remember once sitting in court early into the defense opening statement, and the attorney was busy thanking the jurors, again. Even though they had already heard the spiel from the other side, and from this attorney’s...more

Holland & Hart - Your Trial Message

Look Out for the Illusory Truth Effect

There’s a cartoon that shows a the philosopher, Plato, sitting on the grass of Athens with a modern-day politician (variously, it is Karl Rove or Donald Trump), with the latter character saying to Plato, “But surely you agree...more

Holland & Hart - Your Trial Message

Don’t Choose Between Facts and Stories

The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation...more

Holland & Hart - Your Trial Message

Think About Your Juror’s Epistemology

“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more

Holland & Hart - Your Trial Message

Rebuttal: End With Your “Untouchables”

The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments...more

Holland & Hart - Your Trial Message

Expect Jurors to Blur Facts and Opinions

Lately, the nation has been divided, again, on a critical question of public policy. And, again, that division reveals some stark differences in the ways each side views the facts and understands the values at stake. This...more

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