Remove Evidence Remove Objections Remove Opening Statement
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USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

Since the publication the defense bar has concentrated on how to prevent and object to use of this approach. An effective opening statement leaves the jury with nothing on their mind except what the defendant did. Less is more in making an openings statement. No advocacy. You are not a commentator at this point.

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence.

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. In my experience jurors have consistently objected to attorney anger, unprofessional or disrespectful conduct. The primary factors prevail over facts, evidence and logical reasoning. Opening Statement. Case framing.

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OBSERVATIONS ABOUT CROSS EXAMINATION

Plaintiff Trial Lawyer Tips

They just launch off without any particular objective other than an impeachment they have available. We need specific focused objectives thought out and planned in advance. Document the cross examination The next step is to examine the evidence and the previous testimony in the case. Otherwise the significance is lost.