Plaintiff Trial Lawyer Tips

Dr. Ken Broda-Bahm writes a blog Your Trial Message which is directed to the defense bar. However, his insights are often accurate and helpful to understand. His focus recently has been on the concept of using the “Reptile” approach by plaintiff lawyers. In his April 9th post recently, he wrote: “The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s…

Read More Read More

While a lot has been written about the subject of cross-examination, it is a difficult subject that deserves our attention. Here are some observations that are not particularly original nor profound, but perhaps worth considering when preparing for cross examination. In April 1988 the United press published an article about a skydiver in Lewisburg, North Carolina who died while parachuting. The article said: “A veteran sky diver, who fell 10,500 feet to his death, apparently forgot to wear a parachute in his excitement to film other skydivers,…

Read More Read More

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…

Read More Read More