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Month: April 2014

SOME THOUGHTS ABOUT CROSS EXAMINATION

SOME THOUGHTS ABOUT CROSS EXAMINATION

London barrister Peter Brown wrote a book some years ago entitled “The Art of Questioning.”  In one chapter he wrote: Last summer, a motorcyclist was arrested in Oxford, England, for speeding. The lady prosecutor bore in on the defendant with a curved question:  “Mr. Setright, your motorcycle is capable, is it not, of exceeding the 70 mph speed limit? He answered: Certainly it can exceed that limit. But, the possibilities implicit in that physical ability are it relevant to these proceedings. We…

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OBJECTIONS – A GOOD IDEA OR NOT?

OBJECTIONS – A GOOD IDEA OR NOT?

I’ve written before about making objections at trial. http//plaintifftrial lawyer tips.com/should-you-object-or-not It is not a simple subject. My inclination is to avoid making objections even when I could except when it is truly called for. We know that an objection calls attention to the subject involved so some thought about what to object to is important. On the other hand jurors have watched enough television that they expect the lawyer to object. I don’t think objections in general are a problem…

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SETTLEMENT AGREEMENT MEMORANDUM

SETTLEMENT AGREEMENT MEMORANDUM

It didn’t take me many mediations or settlement conferences to figure out that if I didn’t get  it in writing when the deal was made there would be problems. Call it buyers remorse or just lawyers being lawyers  there would be proposed revisions and issues raised we never discussed or had already resolved. If you allowed the other side or the mediator  to try to put the deal in writing it took too long and it opened the door to…

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