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
Podcast - Impeaching with a Deposition
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
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Basic Points to Consider in Redirect Examination
Direct Examination: Offering Exhibits
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
Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more
Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with the time and information available, and to be sure, jury selection would be...more
Many of us probably watched or heard about the drama this past week in the Women’s Olympic Figure Skating event. Kamila Valieva — just 15-years-old, but with a dominant combination of quad-jumps and world class performance...more
Recognizing and reducing bias is obviously essential in a litigation context. But when it comes to “de-biasing,” it helps to see instructions as one tool in the toolbox, but not a tool that’s guaranteed to fix everything. In...more
How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who...more
As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against...more
At the voir dire stage of a jury trial, the word “bias” gets used a lot. But do we really know what it means? The courts, in practice at least, hew to a simple meaning: If a potential juror admits to bias, that means they...more
Potential jurors arrive at the courtroom with misinformation that might bear on your case. They could have opinions on scientific validity and reliability that will conflict with what your experts will tell them. They might...more
As we enter Pride Month, it’s a good time to reflect on where we are. President Biden recently announced a renewed push for full legal equality for LGBTQ individuals, but that takes place against a background of continuing...more
During the ongoing pandemic, courts have been understandably reluctant to invite large numbers into their chambers for trial, and particularly for jury selection. That situation has driven renewed consideration of...more
As a defendant thinking about your risk in the run up to civil trial, you probably have some idea of what your case is worth. But you also know, and have likely used, the expression, “Anything is possible with a jury.” There...more
In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before...more
With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone...more
It’s an implicit mistake that lawyers can sometimes make. They’ll tacitly believe and behave as though, “Reasonable people think like I do.” The trouble is, that isn’t true. Other lawyers think like you do, but lawyers have...more
Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat...more
Jury selection in California is undergoing significant change. In August 2020, the California legislature passed AB 3070, which was signed by Governor Gavin Newsome on September 30. Beginning in 2022, objections to peremptory...more
It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was...more
It is obvious that we live in a time of extraordinary polarization, and we are in the midst of an election that is bringing that schism into even starker contrast. Red and blue Americans differ in our demographics, our...more
Ms. Gray, if you were selected for this jury, do you believe that your experiences or views would bias you in any way against my client? There is a predictable answer from Ms. Gray: No, I would not be biased, or I feel...more
We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...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
As you look out at a panel of potential jurors during voir dire, there are many things you’re likely to wonder about them. Do they have any attitudes toward your client, or people like your client? Are they likely to...more
The current global coronavirus pandemic is a huge disruption to life in nearly every country and the explanations for it have gotten to the point that they’re as big as the disruption. Rather than believing that a virus in...more
What do your potential jurors think about the necessity to follow the law at all times? While it won’t apply in all cases, it will apply to many. Recent protests against police brutality across the country have led to scores...more