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May 09, 2022
The Research/Practice Gap: You Should Continue to Prefer Live Testimony
I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they...
May 05, 2022
Embrace the Power of "You might be thinking…"
A seasoned trial lawyer stands in front of the jury, previews the critical argument, and then, making knowing eye contact with the jury, adds, “Now, you might be thinking…” before...
May 02, 2022
Address Anti-Expert Bias: 5 Ways
It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and...
April 28, 2022
Apply Two Tests to Any Battle Between Stories
It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a Fairfax, Virginia courtroom. The...
April 25, 2022
Reserve Your Opening? Three Ways that Rare Strategy Might Make Sense
The reserved opening statement is a strategy that, in all my years helping in the courtroom, I have never seen applied. In theory, a defendant typically has the right to wait...
Find Your Six Ways to Sorry
"Love" may mean, "Never having to say your sorry," but litigation does not mean that. In some defense cases, sure, what's needed is an all-out answer that denies everything the...
Understand Narrative: Why People Watch Disaster Movies During a Disaster
Most of us are now entering our second week, or longer, of isolation to maintain social distance, limit transmission, and help “flatten the curve” of the current Coronavirus...
Invent Your Trial Theme: Seven Ways
So your trial date has been kicked into indefinite future. Now, what do you do? Even as you reduce your time on the case, you still want to keep a foot in the door so that you are...
Treat Your Credibility as Central, Not Peripheral
The lawyer preparing their case likely goes through a long list of, "What will they think about…" questions, relating to the facts, the evidence, the arguments, and the law...