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Month: February 2013

THE COLLATERAL CROSS EXAMINATION OF A DEFENSE EXPERT

THE COLLATERAL CROSS EXAMINATION OF A DEFENSE EXPERT

In my view the collateral cross examination of an expert,  done successfully, is tremendously more important than the subject matter cross examination. Jurors hear well qualified experts for  both sides  give conflicting opinions. Their process of evaluation is not clinically and objectively analyzing the reasoning offered or weighing  the evidence in support of the opinions. Typically they hear one side and it makes sense generally.  Then they hear another side and it too makes sense. They are generally left to…

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EXAMPLES FROM TRIALS INVOLVING APARTHEID

EXAMPLES FROM TRIALS INVOLVING APARTHEID

I have been reading a book written by Martin Meredith Nelsen Mandela. One of the chapters deals with the arrest of dozens of South Africans who were resisting apartheid. Charges of conspiracy against the government had been filed against 156 defendants. Vernon Berrange was one of the defense lawyers. His opening address is a good illustration of the need for us to elevate our case above just the interests of our client and demonstrate how it impacts a far more important…

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IDEAS FOR HOW TO MEET PEOPLE & ABOUT OUR ROLE AS TRIAL LAWYERS

IDEAS FOR HOW TO MEET PEOPLE & ABOUT OUR ROLE AS TRIAL LAWYERS

Today I’d like to offer some random ideas on a couple of subjects that apply to us as trial lawyers. Let’s start with the subject of meeting new people and remembering names. That’s a skill we all need to learn. Paul Mellor is the president of success links a memory training company who presented a CLE for lawyers on that subject. He used the acronym COURT which stands for concentrate, observe, understand, repeat and translate. He says that to remember a…

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