Archive

When addressing a jury, lawyers can often be suckered into getting carried away with the sound of their own voice. Talking for the sake of talking. One way to ensure you stay on point and are moving toward your goals is to apply the WAIT Principle, which asks Why Am I Talking? You can read practical […]

In recent years, civil discourse has gone the way of the dodo bird. We seem societally incapable of contending with anyone who does not share our analysis or opinion. Rather than dealing with the merits of our opponent’s argument, we are more likely to demean them and cast aspersions. Politics and social media serve up […]

There are some words and acronyms that are difficult to remember how to spell correctly. But that’s no excuse for continuing to do so indiscriminately. To read about how to use auto-correct settings and add words to your Microsoft Word dictionary, hop on over to my new article for Attorney at Work: Using Auto-Correct Settings […]

I was in a conversation with some other litigators when this question came up: What’s the most polite way to ask a judge whether they’re familiar with the briefs or would they prefer if I summarize the facts and issues for them at oral arguments? So not knowing the answer myself, I asked some of […]

A few years ago in a small county in eastern Alabama where there lies a notorious stock car superspeedway, we were trying a case. Our truck driver had been traveling behind a school bus, when the bus stopped at a set of railroad tracks. Our driver also stopped. The bus started forward again, then immediately […]

Once upon a time, if you needed to get from Houston to Chattanooga, you’d get out your trusty Rand McNally roadmap and plot your course. Using various waypoints, you’d figure out how to get from your launch point to your destination. An opening statement should be used in just the same way. Your opening statement […]

Your opening statement should set the tone for what the jury can expect from you for the rest of trial. Tone has several dimensions. Disposition – whether your presentation of the case will be aggressive or agreeable. Demeanor – are your affable and charming or all business? Delivery – whether you’re engaging or monotonous. How I […]

“I still think it would be pretty awesome if we, someday, did a writing blog thingy by posting either paragraphs, or a short legal writing prompt, and saw the various different things that people did with them, and maybe descriptions of why.” This suggestion by one of the guys on LawyerSmack sparked a discussion about doing […]

If voir dire is important because it’s the first opportunity the jury has to get to know you, opening statements are important because they are your first opportunity to tell the jury what your case is about. If you do it effectively, you can clue the jury in on the important facts and evidence while […]

In Neil Gaiman’s novel The Ocean at the End of the Lane, he writes: “Adults follow paths. Children explore.” When facing a problem, it is easier for us to follow in the steps of those who have come before us than to explore and seek out creative solutions. But it’s not uncommon that the “tried and […]