Closing Arguments: Focus and Organization
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
As courts continue their uncertain transition from a Covid to a post-Covid stance, the word from many is that the Zoom hearing is the pandemic adaptation that is most likely to become a normal feature of litigation going...more
With Zoom now as common as email, we can find ourselves inhabiting the four corners of a glowing screen more often than we’re inhabiting an actual office or meeting room. Status calls, strategy meetings, witness preparation...more
Courts over the past year and a half have moved with unprecedented speed into unorthodox territory, exploring ways to conduct trials, or portions of trials, via remote videoconferencing technology. In that setting, perhaps it...more
When you’re dealing with testimony, argument, or any other form of communication, it is easy to assume that you’re getting less when it is distanced. In a remote conference or any Zoom-like experience, it seems that the...more
The persisting pandemic has brought with it more adventures in technology. Courts have seen an increased use of remote testimony and oral argument, and even fully remote trials. When it is done well, it can be surprisingly...more
Even as things are fitfully returning to a post-pandemic normal (perhaps against the current COVID Omicron variant-driven medical advice) one feature of the last 21 months seems to be lingering: the Zoom conference. In legal...more
So it is time for your critical meeting with the Client. Are they coming to your office, or are you going to theirs? Or, maybe it is the new option: Let’s just meet on the cloud. An article this past week in the ABA Journal...more
With the emergence of new COVID-19 variants and vaccine hesitancy among some in the United States, a “return to normal” for in-person jury trials remains elusive. Courts that postponed jury trials until they could be held...more
For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark...more
Arizona may not be the model when it comes to partisan post-election audits. But when it comes to online or virtual trials, the “Cyber Ninjas” in that context seem to be doing much better. In the Grand Canyon state’s most...more
The courtroom is a special place, and there are both symbolic and substantive layers to that special status. At the symbolic layer, there are the physical trappings of the courtroom: dark wood, granite, columns, raised...more
With the extended pandemic restrictions and the resulting court backlogs across the country, we have moved tentatively into the world of online trials and hearings, with participants joining from different locations. In that...more
The courtroom trial is one setting where lawyers feel they can sometimes dial up the dramatic delivery. In the hands of some, that liberty can lead to an overbearing style. One question with the newer Zoom environments is...more
The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two...more
It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular meetings by video web-conferencing, we’ve come to fully grasp the reality...more
At this point, approaching our quarantine anniversary, we have all done our fair share of business on Zoom. We know that keeping our attention on the small screen can be a challenge, even for an hour-long meeting. Now,...more
When it comes to presentation style in the courtroom, there are definitely times to “bring the fire.” Impassioned rhetoric is best used sparingly, and after you have gained your audience’s trust, but when it fits, powerful...more
This past Friday and Saturday, June 26-27, an unusual exercise was held, exploring both the promise and the perils of a fully online jury trial. The Online Courtroom Project, which I am a part of, conducted an eight-hour...more
It has long been an option, but it is happening quite often now: The judge lets you know that if you want to move your case forward, we will need an online hearing using Zoom web conferencing or similar media. The experience...more
It is taking a while to get back to normal, isn’t it? As states and businesses are starting to re-engage after the coronavirus isolation, courts are taking their time. The chances for routine scheduling, particularly for...more