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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Trial Tips and Techniques

Should Your Eye Witness Look At The Jury On the Stand? If Not, Where?

21 Monday Sep 2015

Posted by Celia C. Elwell, RP in Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on Should Your Eye Witness Look At The Jury On the Stand? If Not, Where?

Tags

Dr. Ken Broda-Bahm, Jury Trials, Persuasive Litigator, Witness, Witness Preparation

Treat Witness Eye Contact As a Three-Way Conversation, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://www.persuasivelitigator.com/2015/09/treat-witness-eye-contact-as-a-three-way-conversation.html

Please note the additional posts at the bottom of the page on witness nonverbal communication. -CCE

The advice is as old as the art of communication: Look at the person you are talking to. And it is good advice. Eye contact makes it easier for audiences to stay engaged and more likely that speakers will focus on their targets. For a witness on the stand during trial testimony, that means ‘Look at the jury.’ But not just the jury. A witness who shuts out counsel and fixes their gaze only on the jury is likely to look a little contrived, or even creepy. So the advice is to look at the attorney when she is asking a question, and then look at the jury when delivering your answer. But that advice can create its own problem. . . .

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How To Investigate Your Jurors’ Presence On Social Media And The Internet.

09 Wednesday Sep 2015

Posted by Celia C. Elwell, RP in Jury Selection, Research, Trial Tips and Techniques

≈ Comments Off on How To Investigate Your Jurors’ Presence On Social Media And The Internet.

Tags

ABA Formal Opinion 466, Arianne Fuchsberger M.A., Internet, Juries, Persuasion Litigator™, Persuasion Strategies, Social media

Social Media Searches: Go Beyond the Google, Guest post by Arianne Fuchsberger, M.A., Research Associate, Persuasion Strategies, Persuasion Litigator™

http://tinyurl.com/otdgloz

Almost a year ago, the ABA released Formal Opinion 466 clarifying that it is permissible for ‘a lawyer to [passively] review a juror’s or potential juror’s [public] Internet presence.’ Since then, researching seated or potential jurors online has not only become an option, but a necessity. Any additional information on your panel can aid in jury selection and during the actual trial, and lawyers should be doing everything they can to gather information about the individuals who may become the deciders in their case. With the accessibility and abundance of information on the Internet, it would be senseless not to use it.

67 percent of adults use at least one social media website, with 52 percent of adults using two or more. Ranging from blogs to the all-mighty Facebook, there are hundreds of social media websites where you can gain information about a potential juror. Facebook alone has 1.4 billion active users, 25 percent of whom do not use any privacy settings on their account. LinkedIn comes in at 7th with 347 million active users, and the 10th-ranked social network Twitter had over 288 million active monthly users as of March 2015 (statista.com). Beyond social networks, there are also public Internet articles, company websites, public documents, and many more sources of information that can inform you on a potential juror. But with all that information out there, it can be challenging to filter through it and find useful information. I will provide several tips on how to go about locating the full range of an individual’s online presence, and share some guidelines on identifying useful information once you do find the person. . . .

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Great Illustration and Explanation – What The Best Evidence Rule Is and What It is Not.

27 Thursday Aug 2015

Posted by Celia C. Elwell, RP in Admissibility, Best Evidence Rule, Evidence, Exhibits, Trial Tips and Techniques

≈ Comments Off on Great Illustration and Explanation – What The Best Evidence Rule Is and What It is Not.

Tags

Best Evidence Rule, Better Chancery Blog, Judge Larry Primeaux

Understanding The Best Evidence Rule, by Judge Larry Primeaux, Better Chancery Blog

https://chancery12.wordpress.com/2011/01/12/understanding-the-best-evidence-rule/

I would nominate MRE 1002 for second-most misunderstood rule of evidence (the all-time front-runner, without peer, would be the hearsay rule). . . .

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Litigation and The Art of Storytelling.

07 Friday Aug 2015

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Jury Persuasion, Opening Argument, Oral Argument, Storytelling, Trial Tips and Techniques

≈ Comments Off on Litigation and The Art of Storytelling.

Tags

Art of Persuasion, Dr. Ken Broda-Bahm, Persuasive Litigator Blog, Storytelling, Trial Tips and Techniques

Tell It: The Top 10 Posts on Story, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://www.persuasivelitigator.com/2015/07/tell-it-the-top-10-posts-on-story.html

The ‘story model’ (Hastie, Penrod & Pennington, 1983) for litigation persuasion is appropriately considered gospel at this point. At the same time, there is an art to it. In most courtrooms, I see litigators who are aware of the need to tell a story, but not necessarily versed in the techniques of storytelling. As I’ve explored from time to time in this blog, beyond laying out the events in temporal sequence, there are some nuances relating to structure, imagery, audience, and point of view. In short, there is a substantial ‘advanced course’ in narrative that effective trial lawyers should study. To make that a little easier, here are our top 10 posts so far on storytelling in trial. . . .

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Depo Prep – Is Less Really More?

29 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Exhibits, Graphics, Legal Technology, Presentations, Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on Depo Prep – Is Less Really More?

Tags

Graphics, Litigation, Sound Jury Blog, Thomas M. O’Toole Ph.D., Witness Preparation

Less is More When Preparing Witnesses for Deposition, by Thomas M. O’Toole, Ph.D., Sound Jury Blog

http://soundjuryconsulting.com/blog/2015/07/15/less-is-more-when-preparing-witnesses-for-deposition/

There is a popular 3M study that is often used to support the argument that attorneys should utilize more graphics in trial. The study found that audience members retained as little as 10% of the information three days later if the presentation was oral only; however, when presented the same information through both oral and visual presentation, the retention rate jumped to 65%. While this study is most often used to support the argument that presentations need a visual component, its implications can be applied to other areas of litigation. . . .

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Avoid Juror Contact And An Ethical Violation.

14 Tuesday Jul 2015

Posted by Celia C. Elwell, RP in Legal Ethics, Litigation, Rules of Professional Responsibility, Trial Tips and Techniques

≈ Comments Off on Avoid Juror Contact And An Ethical Violation.

Tags

Jurors, Jury Tampering, Legal Ethics, Mistrials, Trial Tips & Techniques

Attorney-Juror Contact: What to Do When Running into a Juror Outside of the Courtroom, by Jessica Baer, M.A., Litigation Insights

http://www.litigationinsights.com/case-strategies/attorney-juror-contact-outside-courtroom/

This post makes an excellent point about avoiding contact or the appearance of tainting the jury. If you should find yourself inadvertently in the presence of juror in a courtroom hallway, bathroom, or elevator, avoid eye contact, look down, and appear deep in thought, as if you are not aware they are there. Then get out of there as quietly and quickly as possible. -CCE

Opening statements had just ended and members of the trial team were beginning to return from their lunch breaks. The attorney we were working with for this shadow jury and I got on the elevator in the parking garage and he began telling me about the upcoming witness testimony. As people (some of whom presumably could be jurors) piled into the elevator on the next floor, the attorney stopped our conversation, looked over at me and whispered, “I’ll take the stairs to get some exercise.” I knew what he meant. . . .

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Voir Dire and Racism.

03 Friday Jul 2015

Posted by Celia C. Elwell, RP in Jury Persuasion, Jury Selection, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Voir Dire and Racism.

Tags

Dr. Ken Broda-Bahm, Jury Persuasion, Persuasive Litigator Blog, Racism, Trial Tips & Techniques, Voir Dire

Don’t Treat Racism as Just a Belief, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://tinyurl.com/pkphfl6

As of posting time, seven African-American churches have burned down since the racially motivated murders in Emanuel African Methodist Church in Charleston, South Carolina two weeks ago. One of those fires may have been caused by lightning, but there’s a concern that others may have been caused by a belief – namely, racism toward African-Americans. But that understanding of racism as a conscious and pointed belief can limit our understanding of the full spectrum of the bias. . . .

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Litigator’s Honey Pot – Top 9 Recent Litigation Posts From Ken Lopez.

30 Tuesday Jun 2015

Posted by Celia C. Elwell, RP in Exhibits, Jury Persuasion, Jury Selection, Litigation, Opening Argument, Technology, Timelines, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Litigator’s Honey Pot – Top 9 Recent Litigation Posts From Ken Lopez.

Tags

Ken Lopez, Litigation, Persuasive Trial Strategy, The A2L's Litigation Consulting Report Blog, Trial Tips & Techniques, Voir Dire

Top 9 Litigation Consulting Articles from Q2-2015, posted by Ken Lopez, The A2L’s Litigation Consulting Report Blog

http://tinyurl.com/ob6ma8g

What luck! Ken Lopez kindly has gathered 9 of his recent top posts. There’s a little something for anyone who practices litigation – voir dire and jury selection, trial graphics, persuasive opening arguments, a discussion of the Reptile Trial Strategy, and more. Thank you, Ken! -CCE

It’s been another great quarter of publishing blog articles on A2L’s Litigation Consulting Report Blog. . . . Since we post 2-3 articles every week, I’ve heard from our readers that it is sometimes hard to keep up with the latest articles. To help remedy that and organize the information better, roughly six times a year we publish a mini-retrospective at the end of the quarter, at the end of a year and/or to celebrate blogging milestones.

This quarter, I’m listing the top nine articles from April, May and June of 2015 reverse sorted by the number of times each article was read. This way, this list serves as an excellent reader-curated guide to the very best articles we have published recently. . . .

Continue reading →

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Ex-Wife Cross-Examines Former Husband – No Squabbling!

20 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Divorce, Family Law, Trial Tips and Techniques

≈ Comments Off on Ex-Wife Cross-Examines Former Husband – No Squabbling!

Tags

Above the Law, Cross-Examination, Divorce, Joe Patrice

Biglaw Divorce Gets Nasty As Ex-Wife Cross-Examines Former Husband, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/06/biglaw-divorce-gets-nasty-as-ex-wife-cross-examines-former-husband/

It’s hard to imagine a scenario where this was a good idea.

Hydee Feldstein, a retired Sullivan & Cromwell partner, decided to cross-examine her ex-husband Peter Gregora, a former tax litigator at Irell & Manilla, in their contentious divorce case — a case where Feldstein alleges Gregory stole nearly $20 million from her. They say a lawyer representing herself has a fool for a client. Well, Feldstein has outside counsel — indeed counsel from two firms, Miller & Ayala LLP and the Rudd Law Firm — yet it was Feldstein who cross-examined her ex in open court. After reading the resulting train wreck, perhaps there are fools on all sides of Feldstein’s defense. . . .

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How Juror With Ties To Defendants’ Law Firm Stayed On The Jury.

10 Wednesday Jun 2015

Posted by Celia C. Elwell, RP in Implied Bias, Jury Selection, Peremptory Challenges, Trial Tips and Techniques, Voir Dire

≈ Comments Off on How Juror With Ties To Defendants’ Law Firm Stayed On The Jury.

Tags

Conflict of Interest, Daniel E. Cummins, Juror, Jury Selection, TortTalk Blog, Voir Dire

Motion to Strike Potential Juror Represented by Law Firm Involved Denied, by Daniel E. Cummins, TortTalk Blog

(Source for Mr. Cummins post: “Panel Upholds Decision Not to Strike Juror With Ties to Firm” by P.J. D’Annunzio of The Legal Intelligencer (June 3, 2015).)

http://www.torttalk.com/2015/06/motion-to-strike-potential-juror.html

In the non-precedential Pennsylvania Superior Court case of DeFrancesco v. Lehigh Valley Health Network, No. 742 EDA 2014 (Pa. Super. May 26, 2015 Panella, Olson, Fitzgerald, J.J.) (slip op. by Fitzgerald, J.), the appellate court affirmed a trial court’s decision not to strike a juror from a medical malpractice case during voir dire even though the juror was a client of the same firm representing defendants in the case. . . .

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Objection! Argumentative!

09 Saturday May 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Direct Examination, Evidence, Making Objections, Objections, Trial Tips and Techniques

≈ Comments Off on Objection! Argumentative!

Tags

Cross-Examination, Objections, Paul N. Luvera, Plaintiff Trial Lawyer Tips Blog, Rules of Evidence

“Objection! Argumentative” Is That Really A Valid Objection During Cross Examination?, by Paul N. Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/objection-argumentative-is-that-really-a-valid-objection-during-cross-examintion

An outstanding Seattle plaintiff’s trial lawyer & I have been discussing the common objection made during cross-examination that the question is ‘argumentative’ because  of a trial we  have a common interest in where the  judge  sustains cross-examination questions that directly challenge the witnesses testimony as untruthful where the objection of ‘argumentative’ is made. My position is that cross-examination is confrontational and a testing ground for witness credibility by challenging the witness. I believe that judges who sustain an objection to the confrontation as ‘argumentative’ do not fully understand the function of cross-examination and the rules of evidence. I decided to share my viewpoint for your consideration. . . .

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Top Ten Checklist For Reviewing Discovery.

02 Saturday May 2015

Posted by Celia C. Elwell, RP in Discovery, Exhibits, Federal Rules of Discovery, Interrogatories, Requests for Admissions, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Top Ten Checklist For Reviewing Discovery.

Tags

Carol Treasure, Discovery Responses, Privilege Log, The Bar Association of San Francisco, Trial Exhibits, Trial Tips & Techniques

Top Ten Things To Do With Discovery Responses, by Carol Treasure, RN, PhD, JD, Cooper & Scully, P.C., The Bar Association of San Francisco

http://www.sfbar.org/basf-bulletin/2012/dec-2012/discovery-responses.aspx

Attorneys expend tremendous effort drafting interrogatories and requests for admissions or documents. Having a checklist will assist you when reviewing the discovery responses. Below is a list of ten things you can do with discovery responses which can save you time and help with case management. . . .

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The Rule of Witness Sequestration.

25 Saturday Apr 2015

Posted by Celia C. Elwell, RP in Evidence, Trial Tips and Techniques, Witnesses

≈ Comments Off on The Rule of Witness Sequestration.

Tags

Federal Rules of Evidence, Sequestration, Trial Tips and Techniques, Witnesses

No Contact: Superior Court of Pennsylvania Reacts to Violation of Sequestration Order by…Lifting the Order, by Colin Miller, EvidenceProf Blog

http://tinyurl.com/puhw9k9

If you’ve ever been to trial and in charge of wrangling witnesses, you know about the rule of sequestration. Usually one or both parties invoke the rule at the beginning of trial, and anyone who may testify as a witness must leave the courtroom. The point is to prevent any witness’ testimony to be influenced by that of another’s.

This post discusses the Rule and the Court’s ruling when the Rule is not followed.  Like Mr. Miller, I don’t understand the Court’s ruling on this one. -CCE

Similar to its federal counterpart, Pennsylvania Rule of Evidence 615 reads as follows:

At a party’s request the court may order witnesses sequestered so that they cannot learn of other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize sequestering:

(a)  a party who is a natural person;

(b)  an officer or employee of a party that is not a natural person (including the Commonwealth) after being designated as the party’s representative by its attorney;

(c)  a person whose presence a party shows to be essential to presenting the party’s claim or defense; or

(d)  a person authorized by statute or rule to be present.

So, assume that a judge orders a witness sequestered and tells him not to discuss the case with prior witnesses. Further, assume that the witness violates this sequestration order by talking to a prior witness. You’d expect there to be severe consequences for that witness, right? . . .

Continue reading →

35.221486 -97.414187

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The ABA’s List of the Top 25 Legal Movies.

17 Friday Apr 2015

Posted by Celia C. Elwell, RP in Closing Argument, Direct Examination, Jury Persuasion, Opening Argument, Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on The ABA’s List of the Top 25 Legal Movies.

Tags

ABA Journal, Legal Movies, Legal Profession, Oscar, Richard Brust

The 25 Greatest Legal Movies, by Richard Brust, ABA Journal

http://www.abajournal.com/magazine/article/the_25_greatest_legal_movies

There is a unique group of movies that show the best — and worst — traits and practices by the legal profession. We all have our favorites. Check out the ABA’s list. Are your top choices there? If not, please leave a comment, and share your favorite. -CCE 

What would Hollywood do without lawyers? In a town built on copyrights and cosmetic surgery, lawyers have done far more than pen the small print in studio contracts or post bail for hollow-eyed stars on the way to and from rehab. From the incisive Henry Drummond and the droll Mr. Lincoln to the callow Danny Kaffee and the regal Atticus Finch, lawyers have provided some of Hollywood’s most memorable cinematic heroes and some of its most honorable and thoughtful films.

Earlier this year, the ABA Journal asked 12 prominent lawyers who teach film or are connected to the business to choose what they regard as the best movies ever made about lawyers and the law. We’ve collated their various nominees to produce our jury’s top picks.

Together these films represent 31 Oscar wins and another 85 nominations as befits the best work of some of the greatest actors, writers and directors of their time.

So quiet, please. A rap of the gavel, a pull of the curtain, and ‘Hear ye! Hear ye!’ for the 25 greatest law films ever made. . . .

Continue reading →

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Injunctions and Temporary Restraining Orders.

09 Thursday Apr 2015

Posted by Celia C. Elwell, RP in Litigation, Trial Tips and Techniques

≈ Comments Off on Injunctions and Temporary Restraining Orders.

Tags

Injunction, Litigator's Toolbox, Orange County Business Attorney Blog, Temporary Restraining Order, Tony T. Liu

The Injunction: One of the Tools in the Litigator’s Toolbox, by Tony T. Liu, Orange County Business Attorney Blog

http://www.orangecountybusinessattorneyblog.com/2015/02/12/injunction-one-tools-litigators-toolbox/

Legal actions can result in one party paying the other for damages, but a judge can also order a party to do, or not do, something to protect the plaintiff’s rights and interests. This can be accomplished through an injunction or restraining order, which can be temporary or permanent.

A judge can issue an injunction pursuant to a statute of through his or her equitable powers when not specifically authorized by statute. Equitable powers of a judge allow a decision based on the overall fairness of the situation. Given how broad this could be and the potential for abuse, judges are normally not eager to exercise equitable powers.

A party wanting a temporary restraining order or preliminary injunction must show that the relief sought in an underlying lawsuit depends on preventing the occurrence or continuance of an act that would result in waste or irreparable injury. . . .

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“How To” On Preparing And Using Timelines In Court.

09 Thursday Apr 2015

Posted by Celia C. Elwell, RP in Exhibits, Jury Persuasion, Timelines, Trial Tips and Techniques

≈ Comments Off on “How To” On Preparing And Using Timelines In Court.

Tags

Adam Bloomberg, Jury Persuasion, Litigation Insights Blog, Timelines, Trial Graphics, Trial Tips & Techniques

Timelines: The Jury’s Roadmap to Your Case, by Adam Bloomberg, Director, Visual Communications, Litigation Insights Blog

http://www.litigationinsights.com/trial-graphics/timelines-jury-roadmap/

You and your attorney have worked on this complicated case for months – maybe years. You both know every nuance and the meaning of every exhibit and which witness will say what. To you, it all makes sense but you have had months to learn all about the case.

The jury does not have that luxury – they have to “get it” and absorb all the evidence and testimony from both sides presenting the case. You and your attorney are positive that, if only the jury understands your client’s case, it will return a verdict in your client’s favor.

Some people are more visual than auditory. Would a timeline as part of your trial presentation help the jury understand the details it took you months to piece together? Maybe – read this and then decide whether this tool would indeed work as a jury’s roadmap to navigate the intricacies of your case. -CCE

‘You can’t miss this event!’ your friend exclaims. ’It’s simple. The event is on the left-hand side of the street, two blocks down Lincoln Avenue. You’ll hang a right onto Third, before the gas station. Third is a few miles straight ahead once you exit – when you’re on the freeway, just keep your eyes open for exit 42. Alright, then just continue down Third for a few blocks and hang another right on Lincoln. Don’t forget to grab a bottle of wine, too…. There should be a supermarket near the freeway entrance.’

Confused? Tempted to skip the event and stay home for the evening?

Then consider how a jury must feel when a complicated story gets told in bits and pieces, out of order, and is still expected to find its way to the proper destination (i.e., a verdict for your client). Now include a second attorney who provides a different set of directions altogether!

Timelines, by nature, are often the perfect graphic to solve this problem. They’re the jury’s navigation app. That may be why they’re the most widely used trial graphic of the last 20 years. . . .

Continue reading →

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Hey Jurors — Look This Way!

30 Monday Mar 2015

Posted by Celia C. Elwell, RP in Exhibits, Jury Persuasion, Trial Tips and Techniques

≈ Comments Off on Hey Jurors — Look This Way!

Tags

Douglas Keene, Exhibits, Eye Gaze, Jury Persuasion, Moral Foundations Theory, The Jury Room Blog, Trial Tips & Techniques

Simple Jury Persuasion: “Hey, Look Over Here For A Second!” posted by Douglas Keene, The Jury Room Blog

http://tinyurl.com/p83amyh

This is sort of scary research. We all like to think our views on moral issues are pretty consistent and not easily shaken. That would be incorrect. They are not consistent and they are easily shaken. At least these are the conclusions reached by this research.

We’ve written before about on which side of the courtroom you want to place your exhibits (it’s on the left), but this is far above and beyond that. According to these researchers, you can actually change someone’s mind about an ethical issue by where you have them looking. And, this is the worst part: it takes less than a second! Here is what they did. . . .

Continue reading →

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Plain English Jury Instructions Are Like A Breath of Fresh Air After A Long Trial.

24 Tuesday Mar 2015

Posted by Celia C. Elwell, RP in Jury Instructions, Jury Instructions, Jury Persuasion, Legal Writing, Legalese, Plain Language, Readability, Trial Tips and Techniques

≈ Comments Off on Plain English Jury Instructions Are Like A Breath of Fresh Air After A Long Trial.

Tags

Dr. Ken Broda-Bahm, Jury instructions, Persuasive Litigator, Plain English, Trial Tips & Techniques

Embrace Plain English Jury Instructions, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://www.persuasivelitigator.com/2015/03/embrace-plain-english-instructions-and-plain-english-persuasion.html

I often play the role of the ‘judge’ during a mock trial. In that capacity, I have the pleasure of reading the legal instructions to the mock jurors just before they deliberate. While I’m droning on about ‘preponderance,’ and ‘proximate cause,’ and making the plaintiff ‘whole,’ I am often met with quizzical looks as the jurors grapple with the language. Some have even made a vain attempt to raise their hands to ask a question. I sometimes wish I could explain, ‘Look, my point is not for you to understand this… it is just to be realistic.’ And, too often, what is realistic is for the instructions to be dense at best and incomprehensible at worst. ’Jury instructions are written by lawyers,’ the American Judicature Society points out, ‘and are often filled with legal language whose meaning is not apparent to those without legal training.’ . . .

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Jury Selection – There’s An App For That.

22 Sunday Mar 2015

Posted by Celia C. Elwell, RP in Apps, iPhones, Jury Selection, Legal Technology, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Jury Selection – There’s An App For That.

Tags

iJuror App, iPad App, Juror Selection, Legal Productivity, Travis Francis, Voir Dire

iPad App: iJuror – Jury Selection at Your Fingertips, by Travis Francis, Legal Productivity

http://tinyurl.com/n5trohp

Gone are the days of using sticky notes and legal pads to assist with voir dire and jury selection. Now from the convenience of your iPad, attorneys are able to track their jury pools and organize notes throughout a trial by downloading iJuror.

iJuror is a jury selection app that helps attorneys select from a jury pool by maintaining juror information and responses during the jury selection process. . . .

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What’s The Purpose Of The Opening Statement Anyway?

18 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Jury Persuasion, Opening Argument, Trial Tips and Techniques

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Jury Persuasion, Litigation Insights, Opening Statements, Robert Gerchen, Trial Tips & Techniques

How Long Should Opening Statements In a Trial Last? by Robert Gerchen – Senior Consultant, Litigation Insights

http://www.litigationinsights.com/case-strategies/opening-statements-length/

In a recent article, we explored how long closing arguments should be (hint: the shorter the better). Yet almost just as often as we are asked how long a closing should be, we are asked how long an opening statement should last. This answer is a little different. First, though, let’s take a look at the true purpose of an opening statement.

The Purpose of the Opening Statement – It’s More Than a Road Map

‘Tell ‘em what you’re going to tell ‘em.’

‘The opening is a ‘road map’ of what is going to be presented in the case.’

So goes conventional wisdom, which says that the opening isn’t intended to persuade, but rather just to foreshadow – a preview, as it were. Like a trailer to a movie.

Have you ever noticed how we often (read: almost always) determine whether we’re going to like a movie based on viewing the trailer? If the trailer is bland, or evokes no emotion within us, do we want to see the movie? If it’s loaded with action and humor and characters we can already tell we’re going to like, don’t we want to see the movie? How often in a theatre have you turned to a friend after viewing a trailer and whispered, ‘I want to see that,’ or, ‘I think I’ll pass.’ Pretty much every time, right? . . . .

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Useful Information for Jury Selection?

14 Saturday Mar 2015

Posted by Celia C. Elwell, RP in Civil Rights, Hate Crimes, Jury Selection, Research, Trial Tips and Techniques, Voir Dire

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Tags

beSpacific Blog., Civil Rights, Criminal Law, Hate Crimes, Jury Selection, Sabrina I. Pacifici, Voir Dire

Study Finds Racial, Ethnic Divide In Attention To Crime News, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/study-finds-racial-ethnic-divide-in-attention-to-crime-news/

 ‘Crime consistently ranks as one of the most followed and discussed topics by the public, and it receives more attention in local news media than almost any other subject. A recent Pew Research Center report reinforces these findings but also suggests that certain groups of residents pay closer attention to local crime than others in the three cities studied. A difference that particularly stands out is between racial and ethnic groups. . . .’

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At Depositions, Ask the Witness To Show, Not Tell.

16 Monday Feb 2015

Posted by Celia C. Elwell, RP in Depositions, Discovery, Evidence, Transcripts, Trial Tips and Techniques, Witness Preparation, Witnesses

≈ Comments Off on At Depositions, Ask the Witness To Show, Not Tell.

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Court Record, Depositions, Elliott Wilcox, Evidence, Transcripts, Trial Theater©, Trial Tips & Techniques

Impeach Witnesses by Creating an Effective Record at Depositions, by Elliott Wilcox, Trial Theater©

http://trialtheater.com/trial-skills/cross-examination/impeach-witnesses-by-creating-an-effective-record-at-depositions/

The depositions were taking longer than expected, and they were some of the most boring depos I’ve ever attended. As we approached 3 o’clock, I could barely keep my eyes open. Luckily, closing my eyes for a brief moment helped me see what the deposition transcript would look like, and pointed out the difference between talking to the witness and talking to the record. Take a look at two sample questions that were asked:

“This blood here, is that from this general area here, or is that from another area?”

“Is this photograph here a photograph of this area here?”

Huh? Do you have any idea what they’re talking about? Do you know where the blood is? Neither will they when the attorney if she tries to impeach the witness using this deposition during trial. . . .

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The New and The Best Lawyer Apps for 2015.

07 Saturday Feb 2015

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, iPad, iPhones, Law Office Management, Legal Technology, Management, Marketing, Trial Tips and Techniques

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Android Phone Apps, Brian Focht, Cell Phones, iPhone Apps, Lawyer Apps, Legal Technology, Management, Marketing, Styles Byrum & Horne LLP, thecyberadvocate.com, Windows Phone

Best New Apps for Lawyers from January 2015, by Brian Focht, Civil Litigation Attorney at Styles Byrum & Horne LLP

http://tinyurl.com/mdhprmo

Whether you’re looking to market your firm, increase your practice’s productivity, prepare and present information at trial, or increase your practice management capacity, there’s an app for you! Check out the best new apps for lawyers, for iOS, Android and Windows Phone, from January 2015!

And,

The Best New Apps for Lawyers – January 2015, thecyberadvocate.com

Whether you’re looking for marketing, practice management, or litigation strategy, here are the best new apps for lawyers from January 2015.

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What’s The Stuff That Makes The Best Presentations?

07 Wednesday Jan 2015

Posted by Celia C. Elwell, RP in Legal Technology, Presentations, SlideShare, Technology, Trial Tips and Techniques

≈ Comments Off on What’s The Stuff That Makes The Best Presentations?

Tags

Presentation Software, Presentations, Scott Schwertly, SlideShare, Story Telling, The Official SlideShare Blog

Why Great Presentations Require Tension and Discovery, by Scott Schwertly, The Official SlideShare Blog

http://tinyurl.com/ppsk9o3

A few years ago, I read a great book by Walter Anderson called The Confidence Course: Seven Steps to Self-Fulfillment. For starters, it’s a great book on self-improvement, but it also offers some great tips and tricks on the topic of storytelling. One major takeaway is Anderson’s focus on the topic of applying tension and discovery when sharing stories. It’s a simple technique that applies a ton of value unlike some other complicated storytelling styles.

If you are fan of Hollywood or the work of individuals like the Robert McKee (famous for his Story Seminars), you are probably aware that there are dozens of different ways to share a story. For instance, you have classic styles like The Heroic Journey, The Underdog, and The Present/Future approach. But all can get a bit too stylistic and complicated in regards to a presentation. However, the style of tension and discovery is easy and it works almost every time.

Do you remember seeing Steven Speilberg’s classic Jaws? If so, do you remember the haunting sounds of the cello or seeing the creepy shark fin peeking above the water? Both leave you in suspense for 80% of the movie until finally the great white shark reveals itself in the end. It’s one amazing “A-ha” moment. That’s the power of tension and discovery.

Here’s another example: Borrowing from Hollywood again, do you remember the movie The Sixth Sense? If you have had the pleasure of seeing this movie, then you’ll remember the scene where Malcolm Crowe (played by Bruce Willis) is trying to reassure Cole. He comforts him by telling him a very short story. Here it is:

‘Once upon a time there was this person named Malcolm. He worked with children. He loved it. He loved it more than anything else. And then one night, he found out that he made a mistake with one of them. He couldn’t help that one. And he can’t stop thinking about it, he can’t forget. Ever since then, things have been different. He’s not the same person that he used to be. And his wife doesn’t like the person that he’s become. They barely speak anymore, they’re like strangers. And then one day Malcolm meets this wonderful little boy, a really cool little boy. Reminds him a lot of the other one. And Malcolm decides to try and help this new boy. ‘Cause he feels that if he can help this new boy, it would be like helping that other one too.’ You will notice that it starts with a moment of tension and ends with a moment of discovery. As brief as it is, you feel worry and then you feel hope. That is great storytelling and it will work for your next presentation.

These same emotions can be created with your next talk. That’s because the technique of tension and discovery does the following: . . . .

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Plaintiff Lawyer’s Cross-Examination Outline.

27 Saturday Dec 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Trial Tips and Techniques

≈ Comments Off on Plaintiff Lawyer’s Cross-Examination Outline.

Tags

Cross-Examination, Plaintiff Trial Lawyer Tips Blog, Trial Tips & Techniques

A Cross-Examination Suggestion, by Paul Luvera, Plaintiff Lawyer Tips Blog

http://plaintifftriallawyertips.com/a-cross-examination-suggestion

We all have our own way of preparing for cross-examination and for the style we adopt during the process. I thought I’d reprint a section of part of a cross-examination preparation from a drug company products case to give you an general idea of one of the steps I take in preparing for cross-examination. This would represent part of a whole examination and would be part of the preparation. The actual cross-examination could end up in outline form or it might be a stack of exhibits with tags containing ideas.

I’ve publishing it in its gross form before the additional editing and without explaining the significance of some of the outline as it’s simply an example to illustrate one way to prepare for cross-examination. It would be reviewed and revised and finally end up in a brief outline format. This is how I start the process. . . .

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