Attacking the expert for bias

Attacking the expert for bias

I feel that the collateral information about an expert which indicates bias is more important in cross examination then the issue involved. If you can show a lack of credibility then the opinions of the expert have little weight with the jury. Here’s a simple check list of reminders to ask at the time of the deposition for you to consider ADVERTISING FOR WORK How became involved in this case Does advertising for work Belongs to expert witness group Any past…

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Some more communication rules to consider

Some more communication rules to consider

Here are some more very basic concepts about good communication. There is nothing profound here, but thoughts that we need to remind ourselves about as it is easy to fall back into "lawyer" thinking and talking. ANSWER THE QUESTIONS THE JURORS ARE ASKING THEMSELVES    Think like a juror. What is it the person in the jury box really wants to know? They want to know the answer to some of these questions they are asking themselves What happened? What does…

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Do you tell the jury how much you want at the start of the trial or wait for argument?

Do you tell the jury how much you want at the start of the trial or wait for argument?

Recently there was an email discussion among good plaintiff lawyer about whether you tell the jury how much you are asking in jury selection or wait until final argument. Some cited David Ball and said they tell the jury how much they are asking for and some said they are concerned about doing that. Here was my response. It’s an important question and there is no solid agreement in spite of Ball’s suggestion. My approach is this. In a lot of…

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