Direct Examination: To Lead or Not to Lead
Podcast - Effective Trial Language Part 1: Noise
Using Technology in the Courtroom
Podcast - The Importance of Civility in Trial Law
Podcast - Understanding the Importance of Chronology
Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
5 Key Takeaways | How Young Lawyers Can Sharpen Their Trial Skills
Tips for Conducting Remote Trials
Benefits of Remote Trials
Conducting Trials Post Pandemic
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
Serving as Appellate Counsel on a Trial Team | Kirk Pittard | Texas Appellate Law Podcast
Overseeing The Texas Pattern Jury Charges | Judge Dan Hinde | Texas Appellate Law Podcast
Leading in a Lonely World Podcast: Meet Dr. Jill Huntley Taylor
A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast
Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd | Texas Appellate Law Podcast
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
Litigating in the Virtual World: Passing Fad or Wave of the Future?
Live Trials During the COVID-19 Pandemic: What’s Changed?
David F. Johnson co-authored a paper entitled “Voir Dire (In a Post Covid World)” with Jason Smith of the Law Offices of Jason Smith for the State Bar of Texas’s Business Disputes Course, held in Austin, Texas, on September...more
It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to...more
Q: The COVID-19 pandemic has exacerbated the skepticism some laypeople harbor toward scientists and medical experts. How can you overcome these jurors’ perceptions in science-based trials? A: Trial lawyers should spend more...more
Even before COVID, in some counties, divorce trials were hard to come by due to backlogs and/or judicial shortages. Some counties ceased trials altogether for a time, even those trials that were underway. Then COVID...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
In the wake of the COVID-19 pandemic, litigators were forced to pivot their practice and adapt to virtual technology to continue pursuit of their matters. Analyzing the benefits and drawbacks to this new virtual world, today,...more
Courts are now reopening across the country and the social distancing requirements that upended traditional civil litigation practices for the past year are gradually being eliminated. The “old normal” appears to be just...more
As courts across the country begin resuming jury trials, litigators returning to in-person proceedings must be prepared for the myriad logistical considerations brought on by the COVID-19 pandemic — from mask-wearing and...more
The COVID-19 pandemic’s impact continues to send ripples into an ever-evolving court system as the quarantines and lockdowns endure. The early days of the pandemic halted hearings and stayed cases, but after almost a year of...more
Jury trials are among the last pieces of the judicial system to undergo a virtual transformation in the wake of the COVID-19 pandemic. Although some aspects of jury trials will never be replicated online — for example, the...more
Readers will recall our coverage of Judge Alan Albright’s re-transfer of an Austin patent case to Waco so that the court could hold a jury trial in January as scheduled. In that case, the defendant has sought mandamus from...more
Requests for COVID-19-related trial delays can lead to strife between lawyers and judges—and crazy things can happen. We see this most recently in San Bernadino, California, where a civil jury trial has been interrupted in...more
The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to...more
Join us as we celebrate the 25th Anniversary of ACI’s Annual Flagship Conference on Drug & Medical Device Litigation! ACI’s Drug and Medical Device Litigation has united the greatest minds of the pharmaceutical and medical...more
Although largely unknown to the average litigant, alternative dispute resolution providers across the country have offered virtual mediation services for upwards of a decade. The sudden increase in the popularity of these...more
Time for some good news: We already know that we can hold effective mediations online, but dare we say that videoconferencing may actually be better than in-person hearings? ...more
The COVID-19 pandemic has made family law attorneys value technology to better serve their clients’ needs. In-person mediations are not always an option, but virtual mediations with video conferencing are the best tool to...more
In a time of social isolation can litigation still be used to bring parties together to resolve problems? Are there advantages to the technology being relied upon by the courts and mediators and are clients and litigators...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
In mid-June, Chief Judge Janet DiFiore appointed the Commission to Reimagine the Future of New York’s Courts, and charged it with examining technological, regulatory, and other long-term innovations for New York Courts. ...more
Discovery disputes do not normally lead to a stay of litigation. But, in one recent patent infringement case, the parties’ inability to agree on a safe procedure for allowing the plaintiff’s expert to review the defendant’s...more
Experienced trial attorneys know that jurors are not interchangeable empty vessels. Each juror enters the jury box with a wide range of experiences, beliefs and attitudes, and may be more or less inclined toward reaching a...more
The English Disclosure Pilot is into its home straight. The global pandemic has delayed (amongst other things) the report of the official pilot monitor, Professor Rachael Mulheron. To fill the void many practitioners are...more