The Overrated Importance of Closing Argument
One of the greatest mistakes a lawyer can make is to save his best argument for the closing argument. It is too late then because the jurors have almost always already made up their minds. Remember, at least 80 percent of jurors come to a decision “during or immediately after the opening statements.” Yet it Read More


The Mystery of Jury Selection Solved
Ronald H. Clark and Thomas M. O’Toole have written a masterful textbook on how to pick a jury so you can win: Jury Selection Handbook. The authors’ expertise is a perfect combination for such a book. O’Toole brings his wisdom as a jury consultant, and Clark shares his extensive teaching and writing skills as a Read More


Two Myths about Cross for Depos and Trial
In a previous blog, I discussed the greatest myth of cross-examination. It is the myth created by the old Perry Mason television show and continued by Hollywood that causes young lawyers to feel needlessly petrified of cross-examination whether it is at trial or a deposition. The lawyers’ fear comes from the mistaken belief that an Read More


A Secret to Winning Your Next Oral Argument
It would be naive to think that juries have the final say. Win or lose, an appeal to a higher court is in the back of every trial lawyer’s mind. If the issue on appeal is a close one, the appellate court grants the attorneys a hearing to argue their case before a panel of Read More