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Month: March 2017

HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

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Recently I was asked by a lawyer what I recommended for a deposition the lawyer was taking involving witness who was going to testify to facts in direct conflict with his client’s testimony. A classic two versions of the same fact in conflict. I advised him that these are difficult examinations and had this advice. To illustrate my advice, I’m making up an example of a case with a conflict issue similar to the lawyer involved. Imagine a case involving…

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WHAT CAN OLD TIME RADIO ADVENTURES TEACH US ABOUT PRESENTING OUR CASES?

WHAT CAN OLD TIME RADIO ADVENTURES TEACH US ABOUT PRESENTING OUR CASES?

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Have you ever asked someone “What is your case about?” and they respond: “My client was  driving his pickup truck on I-5 near Federal Way in the middle  lane going between 60 and 65 mph when traffic ahead  slowed…” and so on. That’s how we present our cases to the jury – a narrative or chronology instead of a story. A story begins with a descriptive characterization about the essence of the case. For example, a response to this question…

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THE IMPORTANCE OF FIRST WORDS IN COMMUNICATION

THE IMPORTANCE OF FIRST WORDS IN COMMUNICATION

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Lawyers in general talk too much without focusing their ideas and as a result bore jurors. In trial this can be fatal to your case. Too often we underestimate the power of the words we use to start our communication to the jury whether it is in jury selection or opening statement. When you first stand up to speak to the jury, it is a magic moment in which you have everyone’s full attention for a short time; probably no…

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