A FEW RANDOM THOUGHTS ABOUT TRIAL TACTICS
Here are a couple of thoughts about trial tactics: FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. “Availability bias” jurors will begin filling in the blanks, asking themselves questions, and focus upon the behavior of the FIRST party discussed. They will construct their understanding of the case in the context of the defendant’s behavior and not focus on what the plaintiff did or should have done. “Defensive attribution” If the facts are inconsistent…