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Month: August 2018

CROSS EXAMINATION IDEAS

CROSS EXAMINATION IDEAS

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One of the most satisfying, but often challenging parts of a trial is the cross examination of witnesses, especially expert witnesses.  As John Henry Wigmore has famously said:  “Cross examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth.” However, Louis Nizer, a great New York trial lawyer, also has observed it can be risky for the cross examiner: “In cross-examination, as in fishing, nothing is more ungainly than a fisherman pulled into the…

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DEALING WITH JUDGES WHO ABUSE THEIR POWER BY VIOLATING THEIR JUDICIAL DUTY OF BEING FAIR & IMPARTIAL

DEALING WITH JUDGES WHO ABUSE THEIR POWER BY VIOLATING THEIR JUDICIAL DUTY OF BEING FAIR & IMPARTIAL

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The trial of Paul Manafort has been in the news. I read in the New York Times about the  conduct of United States district judge Thomas Ellis III. He is a 78 year old senior judge for the Eastern District of Virginia appointed by Ronald Reagan. His courtroom demeanor is best summarized by what he said at one point which was: “I am a Caesar in my own Rome.” That’s exactly how he has been acting throughout the trial, especially…

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WHAT DONALD TRUMP’S SUPPORTERS CAN TEACH US ABOUT PERSUASION

WHAT DONALD TRUMP’S SUPPORTERS CAN TEACH US ABOUT PERSUASION

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In 1933 the Marx Brothers were featured in a movie Duck Soup where Chico Marx says: “Who ya gonna believe, me or your own eyes?” In the face of repeated documented lies and misrepresentations on significant matters,  polls indicate that President Trumps approval ratings have increased rather than decreased among his supporters. How can that be and of what importance is that to us as trial lawyers? WE ARE NOT THINKING MACHINES. WE ARE FEELING MACHINES THAT THINK There are multiple answers…

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