Trial Techniques
5 Lessons on Being a Better Advocate from The Rainmaker
The Rainmaker is available on Netflix. In my earlier snobbier days I scoffed at lawyer movies and written legal thrillers. I’m either not as picky as I once was, or I’ve learned to find actual value in this kind of entertainment in spite of the inaccuracies. I’ll start with a no-spoilers overview of the plot…
Read MoreDean Strang and Social Media
At yesterday’s GACDL Winter Seminar, Dean Strang spoke, not so much on Making a Murderer but on systemic failures of the criminal justice system that are on display in the documentary series. Those issues include poverty, the fact that the treatment of juveniles has not caught up with the research on brain development, and issue…
Read MoreThoughts on a Day in Court
Yesterday, I spoke on my aversion for offices and love for working pretty much anywhere. Here are a few more details. This morning, I had calendar in Gwinnett County, Georgia, which is pretty far away from where I live. Since I was taking over for another lawyer, I had to file a document known as…
Read MoreA Few Thoughts on Motions for Reconsideration
This week, I became involved in an appeal much later than I typically do. The Court of Appeals had already made its decision, and I drafted a motion for reconsideration for my new co-counsel. Typically, when I draft a motion for reconsiderayion, I am getting my ducks in a row for a petition for certiorari…
Read MoreTaking a Witness’s Testimony by Skype
A couple of weeks ago, I had a critical witness who would be unavailable to attend a hearing. The Court insisted on a particular date, and the expert had travel plans and non-refundable plane tickets. We decided that we would take his testimony by Skype. Moments after making the decision to Skype the witness, I…
Read MoreStorytelling: The Why and the How
One of my favorite bloggers on trial advocacy is Mark Bennett. Mark has written a series of great posts at Simple Justice, Scott Greenfield’s blog on the topic of opening statements. Mark offers 11 rules for better opening statements. One tip is to limit your opening statement to fifteen minutes. From experience, this is a…
Read MoreUsing PowerPoint for Presentations to the Bench
A few weeks ago, I assisted on a multi-day motion for new trial hearing in Barrow County, Georgia. My co-counsel used a PowerPoint to present his opening statement. I had not thought of using a PowerPoint in a bench proceeding, but I have frequently used them in jury trials. My colleague did such a great…
Read MoreBuilding a Cross Around Refreshing Recollection
A few days ago, I was preparing for cross-examination. The event never happened because the hearing was terminated on a technical point before the other side could put on any witnesses. But court preparation is never a waste. All the research you do for it keeps until later. Here are a few things I learned…
Read MoreFor Great Cross-Examination, Forget You Ever Knew Matlock, Perry Mason, or Jack McCoy
I cut my teeth in law school on Terrance McCarthy’s cross-examination methods. During my 2L year, I recall preparing for a national mock trial competition. During our first practice of the year, our coach popped in a cassette (yes, a cassette.It was the year 2000) of Terry giving a talk in Las Vegas to a…
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