Tag Archives: communication
There’s a story in the July 21 online edition of the Boston Globe about a trial in which jurors have asked 281 questions, and in my opinion, the piece skews rather negatively about the whole practice of allowing jurors to ask … Continue reading
‘Acquittal: An Insider Reveals the Stories And Strategies Behind Today’s Most Infamous Verdicts’ by trial consultant Richard Gabriel is a great summer read which I recommend to all attorneys who try cases – even civil litigators.
We think how we speak after awhile. An expression can become detached from its origins and then lead to blinders. In litigation world, saying “expert” and not “expert witness” is one of the particularly bad ones, made worse by its near universality. … Continue reading
Some weeks ago, I was talking with a lawyer who probably does a dozen trials per year and has been doing it for 15 years with results that are well above average. She was lamenting her discomfort with the jury … Continue reading
Textemada (d.b.a. the Torquemada of Text) is back with more words and phrases that lawyers simply must banish from their vocabularies. I would say “at least in front of jurors,” but I think the reality is that our minds get … Continue reading
Every so often, I see something that a juror has written about his or her experience as a juror, and they are always valuable. Some moreso than others. A man named Gerry Walker in New York City wrote a terrific … Continue reading
Many states permit the lawyers to make a brief opening statement before the oral questioning of prospective jurors (e.g., California Code of Civil Procedure, sec. 222.5). If your state permits this, you should absolutely do it.
Get a piece of paper and a pen, and try the following puzzle. Seriously, try it—it will make this much more fun and you might learn something kind of profound. Ready? Here is the challenge:
I have served and observed thousands of lawyers over 23 years, and gotten to know their thinking, strategy, intentions, and performance both preparing for and conducting jury trials. And I have become convinced that there is one barrier at the … Continue reading
(This continues the discussion from Wednesday, June 26th.)
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 … Continue reading
Why would a jury guy be talking about video depositions? Because clips from video depositions are often shown to jurors in trial.
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 … Continue reading
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 … Continue reading
There’s a cutesy old saying that “god gave you two ears and one mouth, and they should be used in that proportion.” Well, the thing about being the creator of the universe is that you don’t have to pick juries … Continue reading
I sat through some opening statements the other day, and can only just now talk about it. Even now, at some points in the story, I feel like pointing to a doll to communicate exactly where and how the two … Continue reading