Family member testimony helps a jury understand the human impact of injury. The attorney will often become sidetracked by focusing on getting answers to specific questions that dot "i"s and cross "t"s. Stilted, formal, data-based questioning is a good way to shut down these valuable witnesses. Words after all, are less important than everything else that goes on when we form impressions.
Read MoreThe jury goes back into the deliberation room with two items: 1) exhibits; 2) written instructions.
It isn't good enough to simply submit your instructions. You have to argue for them. And if you lose, you have to create a record in the event of appeal.
Here is the transcript of the instruction argument from a trial I handled with my law partner Kevin Coluccio.
Read MoreTrial starts tomorrow. There's just one little itty problem. And it is at the end of my foot.
The saga started two months ago. (Packing whacking and a sick dog). Basically thought the toe was chopped off but instead broke it.
Like any good trial lawyer - didn't go to the doctor. No time for that. Instead watched the toe swell into warm fat sausage with red black and blue tinge. Figured it would have healed by now but oh no.
Read MoreThe expert witness is making my blood boil. Direct exam is a pre-rehearsed script. The defense attorney reads a question the expert spews back an answer. They don't come right out and say so, but the inference is the client isn't working because either: a) lazy or b) hoping for lawsuit lottery. They don't have to be so nasty.
Hand is on client's arm. Whisper words of kindness from time to time. Keep mask of pleasant person firmly on face. Do not roll eyes. Realize foot is tapping. Become still. Like a falcon.
Read MoreThe suspense is building. All of our exhibits have been copied and are ready to go. We have larger than life size poster boards of images. Witness lists done. Trial briefs done. Motions done. Jury Instructions done. Briefs contesting the other side's arguments done. Our witnesses have been called and are on standby. We are so ready.
We've overcome all of the attacks on the case to get this far. Feel like the Black Stallion. Dancing, prancing, frothing a little bit, waiting for that door to open so can GO!
Read MoreThe defense has filed motions asking the judge to keep evidence out of the trial. Garth has written briefs to oppose the motions but they need more factual detail. This means need to dig through half a dozen depositions and a six inch stack of documents. Am taking an expert deposition at the same time by phone on a different case. Finish it and hang up. Phone rings pick up repeat. Paralegals running in and out. Am known for being able to multi-task. They talk, I answer while typing.
Read MoreThe ringing is obnoxious. Reach over and turn off the alarm. Sleep in for hours it seems until finally get up at…7:45! What time did I set it for good grief.
Do my thing and out the house to see if Nala will do her thing. As usual it will depend on what’s going on out there. Oh dear. Another dog is walking its woman. Nala stays at attention until they pass by. Lunges and begins to act all crazy but a stern talking to makes her (kind of) behave. A car whizzes by – freeze and point. A leaf blows in the wind – freeze and point. Throw in some squirrels and birds. The dog drives me bonkers. Time is of the essence here. Which she ultimately remembers and finally gets the job done.
Read MoreHave big giant lawyer crush on David Ball. Have followed him around the country listening to his speeches like a faithful groupie. So when Cristina stumps me with her question, decide to pose it to him. Here's what he says.
Read MoreI like this defense attorney. He seems like a nice guy. But still, the Alpha in deposition training needs to occur:
17 Q Okay. So you feel that that is a good picture?
18 A I said --
19 MR. GRENNAN: Objection to form. What does
20 good mean?
21 A I said in conjunction with the other photographs it's
22 useful.
Am in Louisville, Kentucky preparing to give a speech at their annual convention. Two people have randomly greeted me in passing and said "you have a hard act to follow - all the speakers have been great." Should have known this would be prophetic.
Do not like to give recycled speeches. Do not like to memorize anything. Need to FEEL in order for the words to flow well. Lately have been interested in exploring how to reach jurors regardless of their political or religious leanings. Accessing shared core human values. So the topic is a bit obtuse. Particularly where here, am not teaching how to do something in particular - like give an opening or closing statement.
Read MoreShe's been on quite good behavior. For Nala. Probably because she ran and swam at the dog park yesterday and then went on a run with me.
Meet Alysha at Whole Foods for lunch (salad bar heaven) and pick up a bone for Nala. It is pre-wrapped but don't want to touch it. Get little baggy from bulk foods and use that to scoop it up.
Read MoreRon Clark is a blogging buddy and a distinguished practitioner in residence at Seattle U. Talk about a cool job.
He sent me his latest book that he wrote with one of my dear friends Bill Bailey (and a third author George Dekle): Cross-Examination Handbook.
It is not as small as my hand however.
Read MoreSometimes the hardest thing to do in a deposition – is stay awake.
Give me an obnoxious opposing counsel or difficult witness any time. At least the deposition will be lively and fun.
Today, ten of us are in my firm’s conference room. The videographer is at one end of the conference table. At the other sits the witness. In back of him is a neutral screen. It blocks out the angels frolicking on the old antique sideboard that usually dominates that end of the room. The camera is pinned on his face. He will become the ultimate talking head. A jury will hear but never see the rest of us.
Read MoreShe opens the door before I knock. I walk up the three pristine wooden steps and am inside.
Please, she says, and motions for me to take the royal blue recliner. She sits near me on the couch. There is not much bric a brac. No little tables cluttering the narrow path that runs down the side of her slender home. It is a white rectangle. I can see the bedroom at the other end. The kitchen is in between. On top of the refrigerator is a pottery piece of three very green and large smiling frogs.
Read MoreCristina asks if she can come along to the new client interview. It is her first time. We drive to the nursing home.
The woman is relieved to see us. Her family is with her.
On the one hand, am happy that can provide reassurance and help. There are so many fears and questions when one has been in the hospital/facility for over a month.
Read MoreAm being good patient non-wiggling member of audience at the convention. For several hours. It is the Luvera Seminar without Luvera (dear Paul please get well). Another Paul (Stritmatter) my partner, is playing the role of host to a rapid fire panel of speakers.
Paul tells a story to illustrate the point that jurors always like him the best of anyone in the courtroom. He says he works hard to be professional and nice and liked the best. And over time whether inside or outside of the courtroom, it is a habit that has stuck. He is a very pleasant and likeable fellow.
Read MoreHave to resist rolling eyes when people say: so you're going to wing it. In mind see chicken flapping wings with feathers flying everywhere.
Have finished lovely run. Am a bit late so go directly to the seminar registration desk and pick up materials. Head to elevator on way to room for a bit of a wash and change.
Read MoreEagerly open the door to the hotel and rush over to the little table in my room. There's the candle and right next to it should be the chocolate covered biscotti. Last night found it in the little goodie bag left by one of the convention sponsors. Didn't eat it then, but was saving it for a moment just like right now. Except there is no biscotti.
Read MoreNala likes me to do her bidding. She takes me for her walks. She puts her head or paw on my foot when we are sitting here in the office. We will have staring contests which she almost always wins before I give up and blink. Am okay with that.
Could have chosen to follow the instructions from the doggie obedience school (who had Nala trained perfectly for an entire month before we undid everything). But was happier with letting Nala's own perky personality rule the day (and us).
Read MoreMy toe is throbbing and I suppose I should tell you why.
Am also not going to edit this blog. You’ll see it needs to be. The p key just fell off the lapto. In order to hit the p I have to pause and touch it just perfectly which is a real pain. It isn’t actually a key anymore, just a little blue nub. All missing letters will be pees. Sure hoe Ryan can fix this in the morning.
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