I was asked my ideas about trial advocacy. How did I view and approach trials was the question. Here was my very simple response to what is admittedly a complex question. Trial Approach. I have for many years stressed to trial lawyers the most important thing they must understand to be great advocates is: “A trial is a battle of impression and not logic.” Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence….
GOALS OF CROSS EXAMINATION Lawyers sometimes fail to prepare for cross examination in the same way they do other parts of the trial. They just launch off without any particular objective other than an impeachment they have available. They just have a general sense they want to prove the witness is wrong or a liar. That’s why cross examination is often not only unsuccessful but, boring. Great trial lawyers plan their cross examination and have specific goals in mind. We…
·Beginning in 1952, neuroscientist Paul D. MacLean began developing the thesis that humans have a “triune” brain, a part of which consists of a “reptilian complex” that controls the instinctive behaviors involved in survival and reproduction of the species. David Ball and Don Keenan adapted it in their 2009 book Reptile, arguing that plaintiffs’ attorneys should appeal to the reptilian part of the brains of jurors. They suggest that, to be effective, the question has to do six things:• Prevent…