Introduction The world has turned many times since I took the oath to become a lawyer in 1959. That year, the minimum wage was $1, gasoline cost $.25 gallon, and a loaf of bread was $.20. My law school graduation was in a movie theater in downtown Spokane. All of us graduating had attended night law school at Gonzaga from 7:00 pm to 10:00 pm Monday through Friday for the past four years. Most of us had jobs during the…
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…
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….