“Wise people are fools if they cannot adapt to foolish people.” – Michel Eyquem de Montaigne[1] Introduction Laziness. You’ve taken this deposition before (in your head, or in another case) and everything went great. This time the witness seems unmanageable. You’re doing everything right, but getting nothing. The most obvious conclusions that favor your case […]

While many lawyers are storytellers[1], some seem to have a “gift.” When these people say, “Let me tell you a story…” everyone gets quiet. They know the story will be entertaining and memorable. It will be a story they would like to tell themselves. Great storytellers may have something special, but for the most part, […]

I recall the first time I gave a closing statement to a jury. I represented a farmer who suffered a neck injury years earlier. I got to know this farmer pretty well and spent time with him on his farm. I became friendly with him and his family. As a result, I really wanted to […]

One of the first things clients want to know is the answer to the question, “How much is my case worth?” The truth is we could talk about this topic for days and not cover all the considerations that must be addressed. However, there are some essential issues every Plaintiff’s attorney must have a good […]

Persuasive skills, world-class experts, brilliant cross-examination, and artful use of technology all fail when the jury impaneled is dominated by defense jurors. No other part of the trial is as important. Effective Voir Dire allows a lawyer to deselect jurors who cannot be fair and who will destroy any chance at justice during juror deliberations. […]

Article by Phillip Miller Analyze the Jury Instructions and Your Proof as Early as Possible Using the jury instructions/law for your case list the legal proof required for your claim(s) Chart how your proof meets each element required, including Witness(es) Expert(s) Documents/Exhibits Demonstratives Do SWOT* Analysis as Early as Possible Strengths, Weaknesses, Opportunities, Threats We […]

Article by Travis Holtrey When handling personal injury cases, especially automobile collision cases involving severe injuries or deaths, one must have a basic understanding of the recoverable damages available. Plaintiff’s counsel must also anticipate defense strategies aimed at diminishing and minimizing the recoverable damages. Attorneys must objectively, honestly, and deliberately acknowledge the “downside” of their […]

Article written by Justin Kahn. Whether you’re impeaching a President or filing suit for a shopper who slipped on a grape, there’s one important fact you must establish: What did the Defendant know, and when did he know it? When you can’t show “actual” knowledge, you may be able to establish the facts sufficient to […]