When I work with law firms around the country on deposition training, there is one question I get repeatedly from new attorneys and veteran lawyers alike: How do you stop an attorney from making speaking objections? Speaking Objectors — “S.O.’s” as I refer to them — are essentially deposition bullies. They do whatever they... Continue Reading The post Attorneys Behaving Badly: Speaking Objections appeared first on The Winning Litigator.
Of all the discovery tools you can use to win your case at trial, none is more powerful than the video deposition. In virtually every case I’ve tried in the last 20+ years, deposition video has figured prominently in my presentation. I know from speaking with hundreds of jurors and from testing video in jury... Continue Reading The post 9 Secrets for Using Video Depositions That Every Trial Lawyer Should Know appeared first on The Winning Litigator.
Every trial lawyer has taken a deposition of a witness who talks too much. Sometimes the witness supplies additional irrelevant details. Or answers indirectly where a direct response would be more desirable. And adds their opinion when it wasn’t requested. Or tells you what they think you are trying to get out of them, even... Continue Reading The post When Your Deposition Witness Won’t Stop Talking appeared first on The Winning Litigator.
Remember when you got your first haircut? You probably didn’t want to do it. Someone likely made you. You resisted it, because it was a new experience. It felt dangerous and scary. But in the end, you looked amazing (don’t be modest, now, you know you looked amazing)! When it comes to trial practice, litigators... Continue Reading The post Does Your Jury Trial Need a Haircut? appeared first on The Winning Litigator.
You’ve heard it before: “As a trial attorney, you should be a Guide to the jury, mapping out a path to the evidence and showing the jury how it can find in favor of your client.” But, is being a good “Guide” enough to get you to the finish line with the verdict you want?... Continue Reading The post Jurors Want to See Your Inner Explorer appeared first on The Winning Litigator.
What’s one of the biggest mistakes made by attorneys seeking damages? Separating liability from damages and leaving the damages presentation to the end of their case. It’s important to weave damages — especially evidence supporting claims for emotional distress damages — throughout your case. It’s an easy mistake to understand after all — as attorneys... Continue Reading The post Getting Bigger and Better Damages appeared first on The Winning Litigator.
About ten years ago, I was becoming a little frustrated with the rapidity of the jury selection process in my court. In my court, we are often given only a few minutes to assemble our list of peremptory strikes. The process takes place usually with the prospective jurors seated in the gallery waiting, so the... Continue Reading The post Jury Selection is a Sticky (Note) Process appeared first on The Winning Litigator.
Voir dire is your chance to determine which prospective jurors are qualified to sit on the jury in your trial. Regardless of whether you do the voir dire yourself or the judge does it, voir dire is a terrific opportunity to develop rapport with jurors and make them feel comfortable in your presence.... Continue Reading The post The Top 10 Voir Dire Mistakes That Make Jurors Dislike You appeared first on The Winning Litigator.
Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day. Once those notepads are handed... Continue Reading The post Jury Communication: 10 Tips to Make Sure the Jury Takes the Right Notes appeared first on The Winning Litigator.
In our lives as trial lawyers, we are often required to approach witnesses on the stand. Judges typically safeguard the space between attorney and witness — as sort of a demilitarized zone. As early as law school trial advocacy class, students learn about the important custom of asking the court before approaching the witness. I... Continue Reading The post Do this Before You Approach the Witness appeared first on The Winning Litigator.