Lesson from Dale Carnegie for Trial Lawyers (Part III)
The classic book, How to Win Friends & Influence People by Dale Carnegie has stood the test of time because its insights have been proven to be true and very helpful. Whether you are preparing for an oral argument, a hearing, or a trial, you can benefit from Carnegie’s analysis of how you can persuade Read More


What Trial Lawyers Can Learn From Dale Carnegie (Part II)
The biggest secret of dealing with people is revealed by Dale Carnegie in his classic book, How to Win Friends and Influence People. He relates that the only way to get people to do something is to make them want to do it. Dr. John Dewey, a famous American philosopher said that the deepest urge Read More


What Trial Lawyers Can Learn From Dale Carnegie (Part I)
The classic book, How to Win Friends & Influence People by Dale Carnegie has stood the test of time because its insights have been proven to be true and very helpful. Whether you are preparing for an oral argument, a hearing, or a trial, you can benefit from Carnegie’s analysis of how you can persuade Read More


Insights for Trial Lawyers from the book Pre-Suasion
Below is a summary of a few of the main points for trial lawyers from a great book on persuasion, Pre-Suasion, by Robert Cialdini. Pre-suasion is the key to Persuasion “The best persuaders become the best through pre-suasion—the process of arranging for recipients to be receptive to a message before they encounter it . . Read More


Jury Selection: New Insights
Jason Bloom, a nationally known jury consultant who was the consultant for Roger Clemons’ acquittal in his perjury trial, recently spoke at a CLE presentation. Here are some of the ideas he shared about how to pick a jury and how to present your case to them. Are jurors smarter than you? Not quite, but Read More


Lessons for Trial Lawyers from Nudge, a book on Persuasion
Nudge is a New York Times bestselling book written by Nobel Prize winner Richard H. Thaler and Harvard Law School professor Cass R. Sunstein. The book draws and a wealth of research from behavioral science that shows why people make bad choices and how they can make better ones. The authors believe that choices are never presented Read More


Do You Know Your Client’s Name?
This may seem like a really obvious maxim, but I just saw it violated in the worst way. I was summoned for jury service and sitting in the voir dire panel in court when the judge asked the lawyers to introduce themselves and their clients. What did the plaintiff’s lawyer do? He made great eye Read More


Deposition Strategy: Order of Witnesses
Before you take the first deposition in your next case, you need to spend time doing something that most lawyers never do. You need to decide what is the best order to take the depositions. Do you want to develop your case from the ground up, or from the top down? Most attorneys start at Read More


The Keys to a Successful Voir Dire
Harper Lee wrote in To Kill a Mockingbird, The only place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into a jury box. Voir dire is the selection process where potential jurors are Read More


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