Trial Practice Potpourri #1

1. Dr. Ken Broda-Bahm’s Persuasive Litigator blog ought to be on any trial lawyer’s subscription list, so you don’t have to depend on me. That having been said, I’ll share this (and other items) for your benefit. This article, “Counterpunch: Ten Ways to Fight Back on Cross” provides excellent advice to witnesses who are going to be cross-examined. Excellent advice. I wish I’d have had it to use with my witnesses. Any future witnesses will have the benefit of it if they work with me!

2. Legal Skills Prof blog via Scott Fruehwald cites an article by Katheryn Stanchi about how strong to come on in persuasion. Great issue. I once gave what I thought was a rousing closing rebuttal in a med mal case. After losing and talking to some jurors, some mentioned that I came on too strong–and I’m a mild-mannered Midwesterner! It’s tough to get just the right tone. This article gives the topic some serious thought.

3. If you don’t subscribe to and read Paul Luvera’s Plaintiff Trial Lawyer Tips, you should. You shouldn’t rely on me or anyone else to keep you abreast, at least if you do any plaintiff’s personal injury work. This particular entry addresses storytelling, a common theme among trial practitioners. I’d like this article and others to provide more particulars, more examples.

 

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