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    Litigation Skills Pro Blog

    The Keys to a Successful Voir Dire

    April 13th, 2018

    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…

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    The Overrated Importance of Closing Argument

    March 29th, 2018

    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…

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    The Mystery of Jury Selection Solved

    March 19th, 2018

    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,…

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    Two Myths about Cross for Depos and Trial

    March 15th, 2018

    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…

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    A Secret to Winning Your Next Oral Argument

    March 1st, 2018

    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…

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    The Best Kept Secret About Depositions

    February 15th, 2018

    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…

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    A Cross-examination Principle that is Wrong

    October 5th, 2017

    One of the worst strategies on cross-examination is to make subtle points with the “brilliant” idea that you will tie everything together in closing. I have read about this principle and heard it taught at CLE so many times that it makes my…

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    Cross-Examination's Greatest Myth

    September 19th, 2017

    Cross-examination occurs after the attorney who has called the witness to trial has asked her questions, (direct examination). While I believe direct examination is the most difficult part of a trial, cross-examination is the scariest. How do you…

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