Resist doing experiments in the courtroom with your experts.

Filed Under: Client Success, Finer Points

They fail too often, and the stakes are too high.  Videotape the experiment under controlled conditions and have your expert walk the jury through it.

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Brainstorm everything.

Filed Under: Client Success, Finer Points

Trial themes.  Informal discovery.  Witness exams.  Arguments.  Limit the brainstorming sessions to two or three others, including at least one person who is not on the case.  Have a large white board or easel with notepad handy.  Everyone throws out their ideas.  No one argues against or criticizes an idea.  Limit the sessions to 30-45…

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Objections create secrets and heighten the jurors’ attention to the offered testimony or exhibit.

Filed Under: Client Success, Finer Points

Jurors form unfavorable impressions even when the court sustains the objection.  Jurors are likely to form a more favorable impression when they believe your opponent is doing something inappropriate.  Instead of  “Objection, hearsay,” consider “Objection, the jury can’t tell if someone who is not here is telling the truth.  This is hearsay.”

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