There is so much information available to us about improving our skills as trial lawyers. Hundreds of lectures, videos, books and articles can be accessed. Our challenge is to keep learning and never assume we have reached a point where we can just do what we have always done. The courage to take risks to try new ideas, or at least ideas that are new to us, and the curiosity to continue to search for improvement are needed if we…
We all have heard that we need to present the client’s case as story, but why is that important? None of us need to be reminded that the way to capture attention with children or adults is through story telling. We have learned that it is not just Native American history and culture that was taught and passed from one generation to another through stories. In fact, all mankind’s learning and culture has involved story telling of one kind or another….
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…