One of the key components to a good case is a theme. The theme should speak to the judge or jury. It does not need to be long or complicated, a simple sentence works best. For example, everyone remembers Johnnie Cochran’s “if it doesn’t fit, you must acquit.” If you are not creative, or...
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Trial Advocacy
Look to Hollywood and Madison Avenue for Inspiration
Famous Trials
Douglas Linder at the University of Missouri – Kansas City School of Law has created a webpage of famous trials. It contains transcripts, biographies, and other information. The earliest trial included is that of Socrates (399 B.C.). The most recent trial covered is the prosecution of Moussauri in 2006. It is a great source...
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Gerry Spence Demonstrating Cross-Examination of an Expert Witness
“Live as if you were to die tomorrow. Learn as if you were to live forever.” — Mahatma Gandhi I am always reading books and articles by other trial lawyers. Once in a while I get to watch one of the few great trial lawyers ply his or her trade. Here is Gerry Spence...
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Preparing For Oral Argument
Harold K. Gordon has a few things he wants you to know about preparing for oral argument. His article provides a good methodology to follow in your preparation and highlights some of Chief Justice John Robert’s methods of preparation.
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The Changing Legal Profession
The more things change, the more they stay the same. For example, take this 1919 passage from The Art of Cross-Examination. It could be written today. Remove the dates and change the numbers of cases handled by the courts and you have a passage that describes the present state of the profession. I am...
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MacLitigator
You should review MacLitigator’s blog if you use Apple products in your litigation practice. Here is his post on using the ipad during a four day jury trial. If you use an iphone, check out iphone jd.
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Mark Lanier – Torts War Stories
Mark Lanier is a successful Texas trial lawyer. In these videos he gives an energetic lecture on his career to a Harvard Law torts class and provides many tips and tricks for a trial lawyer’s bag.
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Punch a Juror in the Mouth
Disclaimer I have not reviewed Mr. Wilcox’s product and therefore cannot endorse it. I do, however, agree with the opening statement methodology presented in this article. “Punch a Juror in the Mouth” by Elliott Wilcox You only get one chance to make a first impression. Whether you like it or not, jurors will judge...
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Former Clerks On Oral Argument
Gordon Todd and Kosta Stojilkovic discuss the history of oral argument. They also include practice tips for making an argument.
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How to Pick a Jury by Clarence Darrow
Reproduced below is a famous work on the art of picking a jury written by Clarence Darrow back in 1936. It is a rare window into how a leading trial advocate picked his juries in the early twentieth century. Clarence Darrow, How to Pick A Jury, Esquire, May 1936 Whether a jury is a...
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