While the following points are well known to almost all of us, it is important, from time to time, to review the basics involved in the trial of the case. Here are a few of the well-known and well-established ideas to keep in mind. I appreciate these may be overly simplistic, but we often forget the basics of good trial tactics. FOCUS ON THE DEFENDANT – NOT THE PLAINTIFF. START THE STORY TALKING ABOUT THE DEFENDANT. In 1999 Lawyers Weekly…
My friend Mark D. Swendsen, Sr. and I share ideas about communication, including those dealing with politics. Mark has been a California attorney for four decades and a former hostage negotiator. He has published books and lectured on the law, including a lecture to the Inner Circle of Advocates, a national trial lawyer’s organization, His training and experience includes Neuro Linguistic Programing as well as psychological insights. His book Target the Unconscious! The Modern Psychology of Rhetoric for the Plaintiff’s Lawyer is…
Today I am reviewing a collection of trial materials that I have collected over the years and which I began by storing in indexed notebooks long before the start of the digital age. Here are three examples. WRITING ON PAPER When I first began the practice of law court rooms were virtually devoid of any visual aids, no paper and not even a blackboard. In fact, a blackboard was considered a unique device to use in a trial and one…