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…
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…