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Trial techniques

July 2008 | Volume 44, Issue 7

What can a mock trial tell you?
Anne W. Reed

Even the best mock trial won’t predict the outcome of your case or tell you exactly which jurors to pick. But a good one can help you evaluate your evidence, learn how jurors think, and supercharge your preparation. You’ll also gain sharp new insights into your case. To get the most from a mock trial, you’ll need to do more listening than talking.

Shield your client from defense attacks
Cindy L. Nations

Attacking the plaintiff—especially on questions of motivation or character—is one of the oldest defense tricks in the book, but you can minimize the damage if you prepare for it. Make sure your client knows what is coming, unearth potential skeletons, and bone up on objections and rules of evidence.

Direct examination of lay witnesses
Charles G. Monnett III and Randall J. Phillips

Lay witnesses can provide some of your most valuable testimony. They appear unbiased and know your client better than a credentialed expert. So don’t relegate them to the sidelines during trial; make them key characters in your client’s story.

Sifting the issues with stipulations
Elliott Wilcox

The saying “Don’t sweat the small stuff” applies to a trial, too. Save your skill and energy for the most important parts of your case by using stipulations to streamline your trial, make your witnesses and the judge happy, and stay focused on the most compelling and persuasive parts of your case.

When the balance shifted

Some trials run along a smooth trajectory. In others, there’s a turning point—a single moment when all your preparation, experience, and intuition come through to turn things your client’s way. Four lawyers talk about that point at trial: when they saw the shift coming, how they used it, and what it meant for their clients and for justice.

Proving the invisible
Douglas K. Sheff

Traumatic brain injury is so difficult to see that even doctors can miss it. How do you convince a jury that this serious but hidden injury has occurred? You’ll need well-established medical tests and the help of experts in neurology and neuropsychology.

Feature

Perils and possibilities of online social networks
Karen Barth Menzies

Online social networks like MySpace and Facebook are the new village square, where visitors chat with total strangers about events in their lives. You can use them to unearth a lot of valuable “private” information—but be careful, because so can the defense.

News & Trends

Rising tide of citizen action suits takes on water polluters

Researchers reveal Merck's ghostwritten Vioxx studies

Class certified in case alleging railroad pressed victims to settle

New law will protect employees and insureds from genetic bias

Drugs hurt more than 1 in 10 hospitalized children, study finds

Roommate-matching Web site discriminates, Ninth Circuit rules

Court orders medical examiner to strike Taser from autopsy reports

Private lawyers can help California governments in lead paint case, court says

Departments

President’s page
Stealth tort "reform" unveiled

Supreme Court review
A severe setback to voting rights

Hearsay

Justice in motion

Lawmakers propose bill to subject foreign manufacturers to U.S. justice

Media coverage, Hill hearing put spotlight on preemption

Georgia judge strikes down med-mal damages cap

Section newsletters spread practice-area news

Packets clarify complexities of pharmaceutical products litigation

Damages program expands to three-day college

Past presidents share ideas for AAJ's future

Books

The Next Justice: Repairing the Supreme Court Appointments Process by Christopher L. Eisgruber

See You in Court: How the Right Made America a Lawsuit Nation by Thomas Geoghegan

Experts & Professional Services

Classifieds

Lawyer Networking

Products & Services

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Balancing the Scales of Justice
American Association for Justice
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