The Reason Why Direct Examination is So Difficult
Direct examination is the part of trial when an attorney usually asks favorable or neutral witnesses questions that help prove his or her case. Most attorneys incorrectly assume this task is easy and their lack of preparation shows. One challenge is that unlike normal conversations between two people, the witness cannot ask the lawyer questions. Read More

Trial Advocacy Techniques (Part II)
In Part II of this Trial Advocacy Techniques series, I want to share some tips on opening statement that I learned from writing my latest book, Turning Points at Trial. In Part I, we learned the importance of making a boring case interesting in order to persuade the factfinder. Here are a some tips from Windle Read More

Trial Advocacy Techniques (Part I)
This post explores some of the most important trial advocacy techniques of great trial lawyers that I learned from writing my latest book, Turning Points at Trial. Given that most lawyers do not have very exciting cases, I asked the great lawyers in my book whether it was worth the effort to make a boring case Read More

“Secrets of Great Trial Lawyers” (Part 1)
In my latest trial advocacy book, Turning Points at Trial, I interviewed thirteen of the greatest lawyers in the country such as Robert S. Bennett, Alan Dershowitz, Mark Lanier, Tom Girardi, and Bryan Stevenson to learn the secrets of their success. This is the first blog post in a series that explores some of the most Read More

Five Reasons Not to Take a Deposition
Most lawyers decide to take depositions out of habit without ever thinking through the consequences of whether they should even be taken in the first place. There are some serious disadvantages to taking a deposition. First, it can be expensive. Besides the cost of the court reporter, the deposition takes a lot of your time Read More

The Conventional Wisdom is Wrong about Opening Statements
An opening statement is a speech by a lawyer given at the start of the trial that explains to the jury what the evidence will prove. Too often, lawyers throw this presentation together at the last minute and hope that by the time closing arguments arrive, they will have a more organized speech. The unprepared Read More

The Two Most Important Reasons to Take a Deposition
Enrico Fermi, Nobel Prize winner for Physics in 1938, once said, “There are two possible outcomes: if the result confirms the hypothesis, then you’ve made a discovery. If the result is contrary to the hypothesis, then you’ve made a discovery.” Much like a scientist who tests a hypothesis, you need to test the theory of Read More

Welcome To My New Blog
I have written award-winning and bestselling litigation textbooks and love teaching lawyers across the country. But my 22 year old niece told me that I needed to get with the times and start blogging my advice and observations so I can start a dialogue with my readers and those that I have trained. We can Read More