Plaintiff Trial Lawyer Tips

THE GERRY SPENCE DEPOSITION APPROACH

April 8, 2026 Paul Luvera Comments 0 Comment

Gerry Spence advised an approach to taking the deposition of a fact witness (non-expert) that emphasized conversational inquiry rather than confrontational questioning. His approach was to have a demeanor that was calm and non-threatening with the witness. In practice, a Spence deposition was much more like a conversation than an interrogation. That relaxed demeanor influenced the witness to say far more than they planned. He argued “The deposition is not the place to win the case.” He recommended that lawyers…

TEN IDEAS FOR EFFECTIVE JURY SELECTION

March 18, 2026 Paul Luvera Comments 0 Comment

In the December 2024 issue of Trial Magazine, New Orleans trial lawyer Russ Herman wrote about tips for conducting meaningful and effective voir dire. Russ is one of the nation’s best trial lawyers and this very informative article I have summarized below: 1. Never Ignore a Juror Even if a prospective juror gives you a bad vibe, do not ignore them. Every juror matters. Overlooking someone risks alienating them and missing valuable insight. Engagement demonstrates respect—and respect builds credibility. 2….

UNDERSTANDING AND APPLYING THE PSYCHOLOGY OF JURY DECISIONS

February 25, 2026 Paul Luvera Comments 3 comments

UNDERSTANDING AND APPLYING THE PSYCHOLOGY OF JURY DECISIONS Trial lawyers need to understand the basic principles of psychology that are involved in jury decision-making. Professor Victoria Finkelstein, J.D. A member of the faculty at Willington University published an article about some of the basic psychological factors involved in our decision-making as human beings that are fundamental. Here are some examples we need to understand in our jury trials. Primacy Effect The first information people receive on an issue tends to…