Tag Archives: Trial Tips and Techniques

Storytelling Trial Lawyer’s Honey Pot.

24 Friday Mar 2017

Posted by in Jury Persuasion, Storytelling, Trial Lawyers, Trial Tips and Techniques

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The Key Elements of a Good Narrative – at Trial or Anywhere Else, by Tony Klapper, The Litigation Consulting Report, A2L Consulting

http://www.a2lc.com/blog/the-key-elements-of-a-good-narrative-at-trial-or-anywhere-else

Every good trial lawyer is a storyteller. Good storytelling is the same as a good book or movie with a great plot and dialogue. It’s that kind of storytelling that wins trials.

Mr. Klapper has written a wonderful post. At its end, you’ll find a honey pot of links with posts that are a variation on this theme. Sweet. -CCE

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How to Persuade the Jury to Blame One Party Over The Other.

25 Sunday Sep 2016

Posted by in Jury Persuasion, Opening Argument, Plaintiff's Counsel, Storytelling, Trial Tips and Techniques

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Plaintiffs Should Always Start By Attacking The Defendant, by Paul Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/plaintiffs-should-always-start-by-attacking-the-defendant

[I]n the 1990’s, trial lawyers Gregory Cusimano and David Wenner investigated the issue. They presented fact patterns to hundreds of focus groups around the country and in that process they observed a consistent pattern: when they began their opening statement by talking about the plaintiff, jurors would blame the plaintiff for what happened. But, if they started with the defendant’s conduct, jurors blamed the defendant and placed much less blame on the plaintiff.

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What Skills Make a Great Trial Lawyer?

26 Tuesday Jul 2016

Posted by in Jury Persuasion, Trial Lawyers, Trial Tips and Techniques

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Lessons from One of America’s Greatest Trial Lawyers – Earl Rogers, by Paul Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/lessons-from-one-of-americas-greatest-trial-lawyers-earl-rogers

Earl Rogers was a famous attorney who died in 1922. He defended 77 murder cases and lost only three.  He was one of the greatest trial lawyers in American history. The long running TV series, Perry Mason, was based upon Earl Rogers life. His daughter Della Rogers St. John’s wrote a descriptive book of his trial skills in Final Verdict which is not only enjoyable reading, but educational as well.

We think about Clarence Darrow as a great trial lawyer, but when Darrow was charged with jury bribery in Los Angeles, it was Rogers he selected to be his defense attorney.

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Litigation and The Art of Storytelling.

07 Friday Aug 2015

Posted by in Closing Argument, Cross-Examination, Direct Examination, Jury Persuasion, Opening Argument, Oral Argument, Storytelling, Trial Tips and Techniques

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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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The Rule of Witness Sequestration.

25 Saturday Apr 2015

Posted by in Evidence, Trial Tips and Techniques, Witnesses

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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? . . .

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Using Animation At Trial.

12 Saturday Apr 2014

Posted by in Evidence, Exhibits, Jury Persuasion, Legal Technology, Litigation, Presentations, Trial Tips and Techniques

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Animate: Give Your Jurors Three Dimensions, or More, by Dr. Ken Broda-Bahm, The Persasive Litigator

http://tinyurl.com/m75du78

[I]In trial, we know that demonstrative exhibits are often seen as playing a secondary role: second to evidence and second to the verbal explanation. The higher-end animations, however, are often an even more distant second (or third, or fourth) to exhibits that can be created more simply or more cheaply. Understanding that not all, or even most, cases will be able to afford or to merit the higher-end demonstrative animations, it is still worth it to pay attention to the state of the art and to think about how this technology can be brought to bear when it matters most. The good news is that creating sophisticated graphics is easier and cheaper than it has ever been before. Laptops now surpass what the best production workstations could have created in earlier times. A skilled computer animator can take an idea from design to execution in less time and expense than you might think. . . .

Use Requests for Admission For Authentication of Trial Exhibits.

17 Monday Feb 2014

Posted by in Discovery, Exhibits, Requests for Admissions, Trial Tips and Techniques

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Using Requests for Admission to Simplify Your Case, by Evan Schaeffer, The Trial Practice Tips Blog

http://tinyurl.com/m3y82eq

I have never understood why this is not used more frequently. It saves time and aggravation for the parties and the court, especially if you want an exhibit to be part of the record. – CCE

Intolerance Is A Door That Swings Both Ways When Presenting Your Case.

17 Monday Feb 2014

Posted by in Appellate Judges, Closing Argument, Cross-Examination, Direct Examination, Federal Judges, Judges, Jury Instructions, Jury Persuasion, Jury Selection, Making Objections, Opening Argument, Oral Argument, Plaintiff's Counsel, Trial Tips and Techniques, Voir Dire, Witness Preparation, Witnesses

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Account for Ideological Intolerance, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://tinyurl.com/kovy8wo

It’s Valentine’s time again. It’s a holiday of love, but in the political world, we’re moving out of yet another debt ceiling standoff and there is no love lost between the two sides of the spectrum. Liberals point to yet another, albeit failed, attempt to hold the country’s full faith and credit hostage, while conservatives point to yet another increase in an already staggering national debt. Neither side can understand the values, arguments, and priorities of the other. And that’s just the debt. Add in social welfare programs, marriage equality, and — as the actual sign from an Arizona gun shop above testifies — gun control, and you’ve got a pretty bitter divide. Polling shows that we are politically more ‘tribal’ than ever before. As we’ve noted in earlier posts, liberals and conservatives appear to use their brains differently when assessing risk, and are resistant to applying basic empathy across the political aisles. . . .

Framing Your Legal Arguments To Persuade.

11 Saturday Jan 2014

Posted by in Closing Argument, Cross-Examination, Direct Examination, First Amendment, Jury Instructions, Legal Writing, Making Objections, Opening Argument, Trial Tips and Techniques, Voir Dire

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Frame It As “Freedom with Consequences,” by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/mvb6qjy

Ducks and Vikings have been prominent recently on the free expression front of the culture wars. The ‘Duck’ would be Duck Dynasty’s reality star Phil Robertson, who’s recent comments on homosexuality and race caused his network, A & E, to briefly suspend him from the show. The ‘Viking’ would be former Minnesota Vikings punter Chris Kluwe, who was released by the team after controversy following an editorial he wrote in favor of marriage equality. While Kluwe lost his job and Robertson kept his, the similarity in the cases is that both were framed in the public sphere as a question of free expression. But it is less the question of whether Robertson and Kluwe have free speech, but whether they have freedom from the employment consequences of that speech.

Everyone Knows You Never Question Your Own Witness At A Deposition, Right?

06 Monday Jan 2014

Posted by in Depositions, Direct Examination, Discovery, Evidence, Trial Tips and Techniques, Witness Preparation

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The Need For Direct Exams Of Your Own Witnesses At Depositions, by Mark Herrmann, Above The Law Blog (with hat tip to Evan Schaeffer, The Trial Tips Practice Weblog)

http://tinyurl.com/meqbmh4

Trial Tech Costs Will Be Easier to Recover In 2014.

04 Saturday Jan 2014

Posted by in Legal Technology, Technology, Trial Tips and Techniques

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Good News for 2014: Trial Tech Costs Can Be Easier to Recover, by Morgan Smith, Cogent Legal Blog

http://tinyurl.com/kpqnkld

For those of you who rely heavily on trial technicians and courtroom technology, a 2013 case on CCP Section 1033.5 is important to know about because it enhances your ability to recover trial tech costs.

Every year, technology becomes an increasingly important part of case presentations. In a piecemeal fashion, courts are steadily catching up to this 21st-century reality and beginning to recognize that tech-related trial costs are legitimately recoverable.

Courtroom Body Language – How to Read It and Use It In Court.

04 Saturday Jan 2014

Posted by in Closing Argument, Cross-Examination, Direct Examination, Experts, Judges, Jury Selection, Opening Argument, Trial Tips and Techniques, Voir Dire, Witness Preparation

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Tips For Reading And Managing Courtroom Body Language, by Legal Skills Prof, Legal Skills Prof Blog

http://tinyurl.com/k7uxpr7

The most brilliant trial attorneys seem to have a natural instinct for reading people, knowing intuitively what a nod from a juror or glance from a judge implies. For the rest of us, there’s this handy cheat sheet that breaks down some of the most common body language exhibited in the courtroom. You can use it to modulate your own behavior, train your client, or gain additional insight into opposing counsel, judge and jury.

Better Trial Messages to the Jury.

02 Thursday Jan 2014

Posted by in Closing Argument, Jury Instructions, Opening Argument, Trial Tips and Techniques, Voir Dire

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Chunk Your Trial Message, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/jvum7kj

Dr. Broda-Bahm provides excellent ideas for litigators on how to “chunk” their trial messages. -CCE

 Give me the bite-sized version, break it down into pieces, and tell it to me step-by-step. The brain loves to segment, and the process known as “chunking” seems to be a central part of how we recognize patterns, manage information, and form new insights. A recent perspective on the process is articulated by Cambridge neuroscientist Daniel Bor in his book, The Ravenous Brain (2012).

[I]t is one thing for the attorney to get that structure, and it is another thing for her listeners to get it just as well. Litigators and other communicators often believe that they’re breaking things down based on a clear, explicit, and meaningful structure, but their audience instead simply experiences a continuous and unbroken flow of information or arguments. Here are a few rules of thumb for making sure you’re actually chunking when you think you’re chunking:

  • It has to be simple (which usually means flat, without substructure, and limited to a manageable number of main points).

  • It has to be explicit (which usually means actually saying something like, “First point,” “Second point,” and “Third point”).

  • It usually should be previewed (“Tell them before you tell them,” unless you having a strategic reason for preserving a surprise).

Two Trial Masters, F. Lee Bailey and Kenneth Fishman, Share Tips on Cross-Examination

23 Wednesday Oct 2013

Posted by in Cross-Examination, Trial Tips and Techniques

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F. Lee Bailey and Kenneth Fishman on Excellence in Cross-Examination, by Robert Ambrogi, Robert Ambrogi’s LawSites
http://bit.ly/17fFhza

Avoiding a Defense Motion for Nonsuit in Opening Argument

19 Saturday Oct 2013

Posted by in Opening Argument, Trial Tips and Techniques

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Avoiding the Dreaded Defense Motion for Nonsuit, by Julie Brook, CEBblog
http://bit.ly/1gTe7zD

Comprehensive Discussion of Trial Procedure and Techniques

19 Saturday Oct 2013

Posted by in Closing Argument, Cross-Examination, Direct Examination, Evidence, Judges, Jury Selection, Making Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

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Everything You Ever Wanted To Know About Trial Procedure And Tactics, by James A. Tanford, Indiana University School of Law
http://www.law.indiana.edu/instruction/tanford/web/reference/basictactics.html

5 Key Tips from Judges to Trial Attorneys – What They Like and What They Don’t

19 Saturday Oct 2013

Posted by in Discovery

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5 Key Tips for Trial: Judges Tell Attorneys What They Do and Don’t Like In Court, by Morgan Smith, Cogent Legal blog
http://cogentlegal.com/blog/2011/05/5-key-tips-for-trial/

Litigation Tips and Techniques

13 Sunday Oct 2013

Posted by in Evidence, Expert Witnesses, Presentations, Research

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First Expert Rule: Keep it Concrete, by Dr. Ken Brode-Bahm, Persuasive Litigator
http://bit.ly/Zgn3YQ

Noteworthy Court Orders, Lowering the Bar Blog
http://bit.ly/3Ew8h9

Show You’re Sorry Even When You’re Not At Fault, by Dr. Ken Brode-Bahm, The Persuasive Litigator
http://bit.ly/1hFcZx7

Analogy, Illustration, Animation and Simplicity: A Lesson for Trial Graphics, by Michael Kelleher, Cogent Legal Blog
http://bit.ly/GQK9Ol

More Research on the Civil Side: An Open Letter, by Dr. Ken Brode-Bahm, Deliberations Blog
http://bit.ly/1cLEGqf

11 Tips for Winning at Your Markman Hearings. by Ryan Flax, The Litigation Consulting Report
http://bit.ly/GYiLxZ