Browsed by
Month: May 2012

DEALING WITH THE DIFFICULT WITNESS ON CROSS EXAMINATION

DEALING WITH THE DIFFICULT WITNESS ON CROSS EXAMINATION

There are many ways to deal with a difficult witness. Here brief simple example of one way of dealing with a problem witness from a case I tried several years ago involving a claim against an estate. The deceased , whom I will call Carlton Urall, was a very wealthy man in his late seventy’s.. His wife had been dead some time and he had developed a romantic relationship with a widow who lived in Canada. When died of a…

Read More Read More

THE ROLE OF EMOTION IN DECISIONS

THE ROLE OF EMOTION IN DECISIONS

The single most revered precept in law is that of objectivity, rational thinking and absence of emotion in arriving at conclusions. It was drilled into our heads by law professors, case law and legal textbooks that we were to completely exclude any emotional component when analyzing or reasoning. For trial lawyers our experienced has historically been a repeated insistence by the judge, jury instructions and appellate decisions that all emotion must be excluded in evidence  or with regard to arriving…

Read More Read More

LEARN TO LISTEN

LEARN TO LISTEN

I’ve written about the relationship of stage presence for actors and it’s importance for trial lawyers. There is a similar connection between listening in theater and for trial lawyers. Actors must learn to respond to the other actor’s lines. That requires good eye contact, intense listening and good timing. It has been said that even when the actor doesn’t have a line and is not involved with a speaking part, they still must listen intently to what is going on…

Read More Read More