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Articles Posted in trial preparation

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Detecting Non-Answers During Cross-Examination

Elliott Wilcox shares another great post from his Winning Trial Advocacy Tips blog.  I know I rant and rave about how wonderful this blog is and I fear I may be accused of a man-crush on Elliott, a gentleman I have never spoken with, much less met.  But there is…

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“It’s About the Jury, Stupid”

Those of you over 30 will remember James Carville’s message to the Clinton campaign in 1992:  "It’s about the economy, stupid."   Well, trying cases is about persuading jurors to your client’s point of view. Sure, you must prove-each-element-of-your-cause-of-action-by-a-preponderance-of-the-evidence, but you must do so in a way that keeps the…

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Younger’s 10 Commandments of Cross Examination

Some of you are a little young to remember Irving Younger, the great trial advocacy teacher.  Professor Younger developed the "10 Commandments of Cross Examination" that were taught in trial advocacy programs across the country for many, many years. Experienced trial lawyers would take issue with some of Younger’s  commandments, arguing…

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Tips for Managing Witnesses

Winning Trial Advocacy Tips is one of the best blogs for trial lawyers in the entire blogosphere.  Elliott Wilcox repeatedly delivers useful, timely information of interest to those of us who try cases.  I encourage you to add it to your regular reading list. Today, I share with you his…

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Organizing for Trial

Once again we turn to Paul Luvera for guidance on some aspect of trial practice.  Paul is an extraordinary lawyer who is kind enough to share his knowledge with us on a regular basis via his Plaintiff Trial Lawyer Tips blog. This time, Paul shares his method of organizing for…

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Thinking About the Unexpected When Preparing for Trial

I am an optimist.   Nevertheless, I attempt to have a "Plan B" in the event things go wrong. For example, consider a case that Rebecca Blair and I tried a few years ago.  We needed a computer in the courtroom.  But because both of us have been around long…

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