More Lawyer Vocabulary Banishments, by the Torquemada of Text

(This continues the discussion from Wednesday, June 26th.)
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Lawyer Vocabulary Banishments, by the Torquemada of Text

Fish do not think they are wet. If they thought about it at all, they might think you are dry. But just going along their fishy paths, leading their fishy lives, they give no thought to their own wetness. They don’t notice it. It’s just their environment, part of them. Just as you don’t routinely consider your dryness. Swim in something long enough and you won’t even notice it. Until someone points it out.

Counsel, you are probably a fish. Someone had to say it. At least it’s coming from a friend. Continue reading

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On Video Depositions… Because Sometimes Jurors See Clips

Why would a jury guy be talking about video depositions?

Because clips from video depositions are often shown to jurors in trial. Continue reading

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Leveraging Mediations Into Good Settlements

(This is my article published in the June 3, 2013 edition of ‘The Recorder’) Continue reading

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The Ten Commandments of Objections

1. Thou shalt know with thy whole heart that jurors don’t like objections. They want the truth and believe the objector is trying to hide the truth from them. So know that there is a cost for every objection. It is only rarely worth that price. Continue reading

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Supplemental Juror Questionnaires, Part 3: Oh, The Data You’ll Know

The Questions Themselves: Part Social Science, Part Strategy

Often, questionnaires written by lawyers are… well… Look, a lawyer attempting social science based only on intuitive commonsense is like watching social scientists try to practice law with only intuitive commonsense. Which is to say, it’s a little like watching a dog drive a car—we understand the desire to try, and they probably think they’re doing a sufficiently good job, and hey, they are somewhere closer to their destination than before. But still… Continue reading

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Supplemental Juror Questionnaires, Part 2: This Time, It’s Quizzical

I invite you to read the previous post, “Supplemental Juror Questionnaires, Part 1” before reading this. Or not. Your call.  – Rich

The SJQ Introduction: Include a Welcome, Some Thanks, And Always Use Normal Human English

So by way of illustration, permit some delicate dissection of a real questionnaire used last week somewhere in America. Though it is for a criminal case, the lessons apply equally to civil ones. Continue reading

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