Courtroom Conduct Matters. Yes, Counsel: That Includes You.

I never attend trial without issuing some specific behavioral guidelines to my team. And this includes counsel. The rules for courtroom conduct are, to me, nothing short of Courtroom Commandments. They are: Watch your Ps and Qs from the moment you leave your house/hotel room. Keep your note-passing to a minimum. Whisper only when necessary....
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The Rhyming Theme of OJ’s Dream Team

“If it doesn’t fit, you must acquit.” The most legendary trial theme of my lifetime. Probably yours, too (assuming you’re older than 30). Those words, perhaps more than any actual evidence presented at trial, are what will be remembered most about the 1995 OJ Simpson murder trial. In the eyes of many observers, it was...
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How a Cold-Hearted Bully Illustrates the Importance of Theme Development

Remember when the name “Lance Armstrong” was synonymous with cycling, Tour de France, and über-athleticism? And remember how all that love came to a screeching halt when Armstrong was essentially banned from competing in the sport for life due to his long history of using performance-enhancing drugs? What you may not remember is the post-doping...
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Anchoring Your Argument: How to Use The ‘Anchoring Effect’ to Persuade

I recently worked on a federal jury trial where our main objective was damage control: keeping the verdict as low as possible. Plaintiff counsel, of course, wanted to maximize damages, and thus needed the jury to buy in to his damage number as early as possible. The plaintiff lawyer (knowingly or not), attempted to benefit...
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Vacated J&J Verdict Offers Insight into Jury Deliberations

A recent ruling in California tossing a $417 million verdict against Johnson & Johnson provides trial lawyers with a priceless peek into how jurors think and what they take into consideration in awarding damages – even when they shouldn’t. The $417 million verdict against J&J was in one of several suits against the company alleging...
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