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Mitch Jackson
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General Discussion  - 
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Great article. My family also vacations in OBX. Enjoy!
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Mitch Jackson
owner

General Discussion  - 
 
How Lawyers Will Use Live Video Streaming Apps Like Periscope, Blab, and Meerkat To Win Trials! 
http://jacksonandwilson.com/meerkat-and-periscope/
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Brendan Kenny

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My newest post has some direct examination lessons from the James Holmes #TheaterShooting case.
Direct examination is one of the most important parts of trial. It is your vehicle for establishing the key facts in your case, laying the foundation for your evidence, and connecting with a jury. An effective direct examination doesn’t happen by accident. As Gerry Spence notes, it must be part of a bigger narrative: If …
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Mitch Jackson
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Opening Statement  - 
 
Mitch Jackson’s Trial Lawyer Tip: How to Handle and Deal With Problem Areas In Your Case During Opening Statement  Tuesday at 4pm ET on #Blab  (live video). Join us!
https://blab.im/mitch-jackson-mitch-jackson-s-trial-lawyer-tip-handle-problems-areas-during-opening-statement
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Samuel Partida, Jr.

General Discussion  - 
 
Two Step Formula To Avoid Prior Inconsistent Statement Error

This episode and blog post gets a little technical. So I added the summer theme to lighten it up a bit.

Trying to do what I can to stop a bunch of findings of ineffective assistance of counsel due to the pressure and fast flow of a trial.

http://illinoiscaselaw.com/two-step-formula-to-avoid-prior-inconsistent-statement-error/
Here is a two step formula trial attorneys can use to avoid prior inconsistent statement error. This has been fueling recent findings of ineffectiveness.
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Here's how to present your expert witness in the most positive and effective light possible.
You have an expert witness set to testify on your client’s behalf. Never undermine the impact your expert’s testimony can have on your case. Don't let him or her bore the jury—present your expert i...
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Mitch Jackson
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General Discussion  - 
 
Winning BEFORE Trial - Part 3 - Storytelling for Lawyers
http://www.a2lc.com/blog/winning-before-trial-part-3-storytelling-for-lawyers
The persuasive power of storytelling for lawyers is discussed in part 3 of this article series by a litigator turned litigation graphics consultant.
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This post shared excellent material and resources. I promise you'll like it (also please share the link) :-)
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Mitch Jackson
owner

Cross Examination  - 
 
This is one way I deal with a "Know-It-All" Expert at trial :-)

https://streaminglawyer.wordpress.com/2015/08/06/how-to-deal-with-a-know-it-alls/
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Mitch Jackson
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General Discussion  - 
 
Repelling the Reptile Trial Strategy as Defense Counsel - Part 5 - 12 Ways to Kill the Reptile

http://www.a2lc.com/blog/repelling-the-reptile-trial-strategy-as-defense-counsel-part-5-12-ways-to-kill-the-reptile
This 5th and final part of a series of articles describes how to overcome the Reptile trial strategy as defense counsel.
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Larry Bodine

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Trial Lawyer Ed Lake: Picking 6 Winners in Mass Torts Litigation - http://www.thenationaltriallawyers.org/2015/08/6-mass-tort-winners/ 
A growing number of plaintiff personal injury firms have started mass torts practices, which are product liability cases against reckless pharmaceutical companies. The phenomenon has been fueled ov...
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About this community

Welcome to our Trial Lawyer Tips Google Plus Community! _______________ This community is for all lawyers interested in trial advocacy. It's also for everyone else who is interested in litigation, trials and preserving the right to jury trial. _______________ Below is the link to our community. Please bookmark and share it with other trial lawyers who are interested in sharing good trial tips and raising the bar when it comes to the art of trial. http://TrialLawyerTips.com _______________ Important! Please, NO SOLICITATION, SELF PROMOTION OR ADVERTISING. If your post isn't regarding a trial tip (article, video, podcast, link...) then it will be removed :-) Questions or comments? Contact Mitch Jackson at mitch@jacksonwilson.com | 800.661.7044

Brendan Kenny

Cross Examination  - 
 
My newest post includes cross-examination lessons from the #JodiArias case.
When a lot of lawyers think of cross-examination, they think of a fight-to-the-death cage match between the lawyer and the witness. They think of scenes like these from prosecutor Juan Martinez’s cross-examination of Jodi Arias: Those of you who don’t want to do cross-examination like this can breathe easy—there’s a better way. You’ve guessed it; …
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Mitch Jackson
owner

General Discussion  - 
 
Winning BEFORE Trial - Part 4 - Don't Overlook Visual Persuasion

 http://www.a2lc.com/blog/winning-before-trial-part-4-dont-overlook-visual-persuasion
Enjoy this 4th article in a series on winning before trial. Learn why visual persuasion must start early in a case - well before trial.
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Agree 100% +My Bell County Attorney :-)
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Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine.
The basic rule is that, if you don't make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Acc...
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Mitch Jackson
owner

General Discussion  - 
 
Streamline Your Cross-Examination
by Elliott Wilcox

The primary difference between direct examination and cross-examination is who testifies.  During direct examination, the lawyer asks open-ended questions and lets the witness do all of the testifying.  But during cross-examination, you are the one testifying.

You choose the topics of discussion, you choose when those topics will be discussed, and you choose how to phrase the statements.

Since you're going to testify, you'll want the jury to hang on every word that you say.  Every word you utter should be filled with importance.  But instead, many cross-examinations are filled with superfluous words like these:

Q: You went to the store, correct?
A: Yes.

Q: And isn't it true that John Smith went to the store with you?
A: Yes.

Q: Larry Mildrige was with you as well, isn't that a fact?
A: Yes, he was.

Q: Mildridge was the driver, wasn't he?
A: Yes.

Q: You testified that you were going to buy anti-psychotic medication, weren't you?
A: Yes, I was.

Almost every cross-examiner falls into the tagline trap.  For some reason, we think that if we don't include the taglines, our cross-examination questions will be misunderstood.  But you don't need taglines to turn a leading statement into a question.  Your tone of voice will do it for you and the court reporter knows to put question marks at the end of your statements.  There's no need to pollute your cross-examination with taglines or introductions.  Taglines dilute the power of your statements because they don't add anything of substance.  To improve the effectiveness and persuasive power of your testimony during cross-examination, try reducing or eliminating all of the distracting words in your testimony.  Take a look at the same cross-examination, without the taglines:

Q: You went to the store?
A: Yes.

Q: John Smith went to the store with you?
A: Yes.

Q: Larry Mildrige was with you as well?
A: Yes.

Q: Mildridge was the driver?
A: Yes.

Q: You were going to buy anti-psychotic medication?
A: Yes.

Isn't that easier to follow?  Doesn't it flow more smoothly?  Every single word in the cross-examination helps tell the story.  There aren't any wasted words.  To help the jury follow your “testimony,” eliminate the taglines, and leave only the words that you want them to remember.

_____________

Elliott Wilcox publishes Trial Tips Newsletter. Sign up today for your free subscription and a copy of his special reports: “How to Successfully Make & Meet Objections” and “The Ten Critical Mistakes Trial Lawyers Make (and how to avoid them)” at www.TrialTheater.com
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Larry Bodine

Direct Examination  - 
 
Don't miss tomorrow's webinar:  When You Have to Abandon Your Own Expert Witness -- Katherine Cardenas, presented by The National Trial Lawyers -- http://ow.ly/R6uUu
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Larry Bodine

Direct Examination  - 
 
Coming on Thursday: When You Have to Abandon Your Own Expert Witness -- National Trial Lawyers Webinar August 20 http://ow.ly/QZXXU
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Mitch Jackson
owner

General Discussion  - 
 
Did you ask for what you wanted?
by Elliott Wilcox

How many times a day do you ask judges, clients, or co-workers to do something or to give you something?  During any given week, you probably make hundreds, perhaps even thousands, of requests.  You ask your co-worker to work on a project, you ask your assistant to handle a client issue, you ask your kids to help with the dishes…  The number of requests that you make each week is staggering. 

But how many of those requests are actually granted?  Have you ever had a problem with someone not doing not what you asked?

Why?  You’re a lawyer.  Shouldn’t you be the master of persuasion who can get what you want, when you want it, and how you want it, every single time? 

Unless your name is “Svengali the Master Manipulator,” chances are that many of your requests are not being granted, or at least not being carried out exactly the way you’d like to see them handled.  But it’s not because your requests are falling on deaf ears.  In fact, your listeners are probably hearing exactly what you’re saying.  The problem is that you’re asking for the wrong thing.

That’s because when most people make requests, they don't ask for what they want.  Instead, they actually ask for what they don’t want.

For example, has your boss ever asked you to work on an important client issue?  Many bosses will say something similar to, “This is our most important client, so whatever you do, don’t mess this up!”

But look at the embedded command in that request for help:

{ “Mess this up” } 

Rather than asking you to do a great job or to help the client, your boss is telling you to do the exact opposite of what he really wants done. 

The reason he’s telling you to do the opposite of what he wants is because our brains aren’t wired to hear the word “Don’t.”  Our minds think in images.  When you hear the word “Orange,” you don’t think of the letters “O-R-A-N-G-E.”  Instead, you think of the fruit, the color, or maybe even a bottle of orange juice.  When you recall information, your mind pulls up the pictures that help you “see” the memory. 

This phenomenon makes it difficult to see the negative of something.

If I ask you to think of “Not an Orange,” your brain has difficulty following my request, because it doesn’t have a readily available picture for “Not an Orange.”  Instead, your brain reverts back to your picture for “Orange,” because that’s the only picture it can pull up.  Rather than thinking of what I hoped you would think about, you actually began thinking of the exact opposite.

The same thing happens when your boss tells you “don’t mess this up.”  You don’t have a readily available picture for “Not Messing Up,” but you sure have a great picture of “Messing Up.”  Your picture for “Messing Up” may include the image of you fumbling and bumbling your way through the presentation, missing an important legal development in your research, or maybe even an image of you sleeping through the filing deadline.  Whatever your picture of “Messing Up” looks like, that will be the image that jumps into your mind when your boss tells you not to mess up.

That’s why it’s important to ask for what you want, rather than what you don’t want.  Rather than telling you “not to mess this up,” your boss would get better results from you by saying, “This is our most important client, so I know you’re going to do an exemplary job.”  Rather than embedding a negative command into your head, now your boss is embedding a positive command, “Do an exemplary job.”  Your brain can absorb this positive request and put it into action, because you know (hopefully) what an exemplary job looks like.

If you’d like to get better results when you ask others to do something, take a moment to rephrase your request in a positive format before you make your request.  Anytime you feel yourself getting ready to say, “Don’t,” ask yourself, “What do I want this person to DO?”  Rephrase your question positively, so that the listener is given a positive command and clear direction for what to do next.  Here are some examples of how changing the phrasing of your request can change the outcome:

Rather than: “These are our most expensive dishes, so whatever you do, don’t drop them.”

Ask for what you want:  “These are out most expensive dishes, so whatever you do, hold onto them carefully.”

Rather than: “The game is on the line, so don’t drop the ball.”

Ask for what you want: “The game is on the line, so protect the ball.”

Rather than: “The statute of limitations has almost expired, so don’t miss the filing deadline.”

Ask for what you want: “The statute of limitations has almost expired, so file these pleadings by Friday.”

By changing the picture in your listener’s mind, you change the outcome.  Rather than urging them to focus on the negative outcome, you shift their focus towards the positive outcome that you desire.  Eliminate the word “don’t” from your request vocabulary, and ask for what you want.  When you do, your presentations and your requests will become dramatically more persuasive.

_____________

Elliott Wilcox publishes Trial Tips Newsletter. Sign up today for your free subscription and a copy of his special reports: “How to Successfully Make & Meet Objections” and “The Ten Critical Mistakes Trial Lawyers Make (and how to avoid them)” at www.TrialTheater.com
Trial lawyers, discover how to persuade jurors and win your next jury trial. You will learn valuable tips for improving your jury selection, opening statement, direct examination, cross-examination, and closing arguments.
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Don’t be fooled by the hype—new technologies don’t always require new law.
A recent case made headlines simply because it involved Instagram. Don’t be fooled by the hype—new technologies don’t always require new law. A photo is a photo regardless of where it appears, and ...
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For the cost of $50 per juror plus pizza, you could spend the most productive and useful evening of your trial preparation.
If a full-blown mock trial is out of your budget, then get a focus group together. For the cost of $50 per juror plus pizza, you could spend the most productive and useful evening of your trial pre...
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