There is one thing that separates good from great. Grit. All great trial lawyers have it. “Great trial lawyers did not become great overnight. They are gritty individuals who often lost in their early careers and did not lose sight of the long-term goal of improving and learning from each loss. They were not easily […]

You are standing in the middle of the courtroom. The jury is staring at you. And the judge is waiting. What you decide to do next matters. And it is informed not just by the few weeks of preparation you did for that case, but by that preparation AND who you have become as a […]

If you try cases, only five things matter. Everything else is a distraction. 1. Jury Selection 2. Opening Statement 3. Direct Examinations 4. Cross-Examinations 5. Closing Argument That’s it. Effective trial lawyers approach everything that they do with an eye towards those five things. There really is no need to get lost in the pretrial […]

“You’re doing too much; it’s just a bench trial.” Wrong. A bench trial is still a trial: opening statement, direct examinations, cross examinations, and closing argument. Judges are people too. They make decisions just like jurors, so it is in our client’s benefit to approach bench trials the same way we approach jury trials. As […]

Sorry, ChatGPT. You can’t replace the trial lawyer. There will always be a need for those willing to stand up in a courtroom. For those who advocate on behalf of others. And for those who bring humanity to our justice system. There will always be a need for the trial lawyer. Tools like ChatGPT will […]

“What about the next person?” A few weeks ago, a family member was injured. On the way to get a coffee, they tripped and fell on uneven sidewalk. It did damage: bleeding, bruising, and a concussion. And there is still a scar. It is a highly trafficked area. And, after investigating, we learned that multiple […]

“If a sign at the entrance to a zoo says ‘come see the elephant, lion, hippo, and giraffe,’ and a temporary sign is added saying ‘the giraffe is sick,’ you would reasonably assume that the others are in good health.” N.L.R.B. v. SW Gen., Inc., 137 S. Ct. 929, 940 (2017) (Roberts, J.). That is the […]

Last fall, Ryan Walker and I tried a personal injury case, and when moving an exhibit into evidence, the Judge unintentionally gave us one of the best compliments we have ever received: “Commonwealth (aka, the Prosecution) Exhibit 1” Liability (and the defense’s failure to admit liability) drives damages. Why did a Texas jury come back […]

As Judge Learned Hand explained nearly 100 years ago, “Juries are not leaves swayed by every breath.” Take a second to think about that. Yes, how you frame a case matters. Yes, the evidence the jury hears and sees matters. And, yes, the specific wording you use matters. But, to win at trial, you do […]

Jonathan Haidt, a social psychologist, explains: “The mind is divided, like a rider on an elephant, and the rider’s job is to serve the elephant.” The rider represents reason, and the elephant represents emotion. Despite our best efforts in the courtroom, the elephant decides the case: “Perched atop the Elephant, the Rider holds the reins […]