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


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


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


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


The Best Kept Secret About Depositions
In contrast to a few decades ago when trials were common, studies show that over 90 percent of all lawsuits are settled before trial. For those cases that settle, the deposition is very often the event that becomes the turning point. It is the time when you cause the opposing witness to collapse, or your Read More