When we think about opening statement we need to remember that a trial is a battle of impression and not logic. It isn’t who has the biggest pile of evidence that wins. It’s what compelling impression is made upon the jurors. Studies make it clear that we form almost every decisions at a "gut" level and then form a reason for doing so with our intellect. It’s the big picture that counts, more then the law and more thenlogic. The…
Here’s a short list of books most trial lawyers would find both interesting and useful in their practice: James Mclhaney McElhaney’s Litigation American Bar Association Theater Tips and Strategies for Jury Trials by David Ball ublished by NITA (National Institute for Trial Advocacy) A Plaintiff’s Attorney’s Guide to Personal Injury and Wrongful Death Cases by David Ball Published by NITA David Ball on Damages Published by NITA Courtroom Communication Strategies by Lawrence Smith & Loretta Malandro Published by Kluwer Law…
The 1989 movie The Fabulous Baker Boys staring Beau and Jeff Bridges is about two brothers who make their living playing the piano as a team act. After twenty years they have played only small clubs, minor venues and are small time mediocre. Frank, played by Beau is the brother who manages the act and has them play the same music in the same way with the same jokes and line of patter over and over. Jack (played by Jeff)…