Tag Archives: language

5 Mistakes Just About All Trial Attorneys Make in Jury Selection (yep, maybe you, too)

Five mistakes widely made by trial counsel in jury selection . . . probably including you. Continue reading

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Summer Book Recommendation for Civil and Criminal Litigators: “Acquittal” by Richard Gabriel

‘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.

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The Difference Between an Expert and an Expert Witness

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

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Even More Words Lawyers Should Banish

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

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Francis Scott Key Was a Lawyer. Don’t Be Like Him.

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:

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Beware the Stranger With An Agenda (B.T.W. … It’s You)

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

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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 … Continue reading

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