“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 […]

Before I started plaintiff’s personal injury work, I spent a year at the local prosecution office. It was an awesome job. I loved working to make the community safer and helping victims get justice. (And the people I worked with were great: my colleagues, our staff, the police, the defense bar, and the court). And […]

Your mind is made up. You’re going to try your hand at law. I commend you; it will not be easy, but I guarantee you will be better prepared if you follow the below advice. 1. Work for your GPA and master the LSAT to get into a “good” law school. Your GPA represents your […]