The brilliant cartoonist, Wiley Miller (“Non
Sequitur”), captured the misunderstandings between men and women as few
others have. For example, the wife says: “Let’s go shopping.” The husband
hears: “Let’s go drain the life force from your body.” The husband
says: “Honey, are you almost ready yet?” The wife hears: “Life as
Too often, in jury debriefings and in focus groups, jurors
complain that the attorneys do not connect their points or evidence to the
specifics of the complaint. Furthermore, attorneys rarely fully explain the
jury instructions to the jury, tying in those instructions to the attorney’s
interpretation of the case.In a classic case, namely the
Telling your witness to look at the jurors during their
testimony without teaching them how to do so can be fatal to your case. A scared, anxious witness may only dare a quick terrified
glance mid-sentence at the jurors, which confirms in the jurors’ minds that yes,
this witness is surely hiding something. So much
For your expert witnesses under the gun of
cross-examination, usually the most problematic answer is a flat “yes” or “no.”
Science holds few absolutes to be true, thus most scientists (which is the
majority of your experts) are uncomfortable with an uncategorical “yes” or “no”
in response to many of opposing counsel’s questions.Yet opposing counsel
Research has demonstrated repeatedly the power of storytelling.
Indeed, it’s easy for most attorneys to tell the story of their injured client
or the malfunction of a product. Stories of individuals, plaintiff or defense,
are also fairly easy to summon. But when it comes to businesses, companies or
corporations, lawyers too often forget the
Timelines are essential to just about any case. I’ve been
teased by various attorneys I’ve worked with that I always recommend a
timeline, and indeed it’s true.But there is a method to my repeated,“You need a timeline!” The
movement of events across time is how jurors anchor testimony in their minds.
It’s how they
I consulted on a case where one of the possible witnesses
was an individual in a highly respected line of work. This person had been
involved in criminal activity some 30 years ago, but in the years since had
made a wonderful turn-around, and was a veritable pillar of the community,
loved and respected.The
Some
courts are lenient with the amount of time allotted for a trial, some are not.
It certainly can seem impossible, sometimes, to jam the amount of evidence and
testimony you have in the number of hours permitted.And yet,
as is so often true of many things in life “Less is more.”On being
debriefed,
So you
thought cutesy cereal boxes were designed just to capture your innocent
toddler’s rapt attention? Nope. In a Cornell
University study, researchers manipulated the gaze of the cartoon rabbit on
Trix cereal boxes and found that adult subjects were more likely to choose Trix
over competing brands if the rabbit was looking at
You
spend hours, if not days, honing your opening, crafting your expert examination
questions, drilling down your closing arguments.As
well you should, for there’s nothing like diligent preparation to ensure solid
trial work. However, as important as your preparation is, how the jurors are
going to receive the result of all that intense prep
