Mastering the Art of Preparing Clients for Cross-Examination: A Guide for Attorneys
In the realm of courtroom litigation, cross-examination stands as a pivotal moment where cases can be won or lost. As an attorney, your ability to prepare your client for this intense scrutiny is paramount. The art of cross-examination lies not only in legal expertise but also in effective client preparation. Here, we delve into the best strategies for attorneys to equip their clients for the challenges of cross-examination in a United States courtroom. CC BY 2.0 Deed Karen Neoh Understanding the Significance Before delving into strategies, it…
Powerfully Vulnerable
“To love at all is to be vulnerable.” ― C.S. Lewis As an avid basketball fan, every March I think about how much I love the NCAA Basketball Tournament and how much disappointment it has brought me over the years. It is absolute heartbreak for 67 teams and their fans, and the exact opposite for one team and fans. Caring about a team and the outcome of a game inherently makes you vulnerable. The same can be said about your clients testifying in court. To testify in court is to be vulnerable. Testifying in court can be a daunting experience, e…
Better Remote Court Presentation
Remote court proceedings are not going anywhere. That said, many attorneys continue to appear in court with poor audio and video production. Your "production" is the new suit coat and shoe shine of pre-COVID court. Looking and sounding good does not have to be expensive, even if you find yourself looking like a cat sometimes. NOTE: This article contains affiliate links that help fund See Generally. Audio In a word, lawyers communicate. You need to be heard at your hearing. Looking back at the past year and the various remote h…
Exhibit Foundation Basics
Laying the proper foundation is the rock upon which you build your entire case. "Peru - Cusco 014b - Inca wall" by mckaysavage is licensed under CC BY 2.0 Preparing Each Exhibit Being able to lay the proper foundation for an exhibit starts well before the hearing. To be able to use something in court, ask yourself: Does the exhibit support your theory of the case? Does the exhibit add to, subtract, or muddy your argument? Is the exhibit duplicative? Has it been disclosed pursuant to applicable rules? Are there hearsay concerns th…
The Will to Prepare
I recently had the opportunity to hear Larry Echo Hawk speak. Mr. Echo Hawk is a former Idaho Attorney General and served as the Assistant Secretary of the Interior for Indian Affairs under the Obama administration from 2009 to 2012. Mr. Echo Hawk shared an experience he had while playing football for Brigham Young University. Mr. Echo Hawk’s defensive coach was LaVell Edwards who recently passed away . Coach Edwards taught Mr. Echo Hawk the following idea: It is not the will to win that matters, rather the will to prepare. It was obvious …
3 Ideas to Make the Most of Drive Time
As an attorney practicing in predominantly rural areas, I drive a lot. It is not uncommon to spend 6 hours behind the wheel on a day when I have court or in-person appointments in a secluded county. For someone who already feels like my schedule is packed, taking that much time to drive somewhere can be frustrating. Out of that sentiment, I have developed several ideas to make the most of those days. Photo from Peter Black on Flickr CC BY-SA 2.0. Pre-Travel Checklist Developing a list of what needs to be brought makes for less prep-time and l…
Immigration Rhetoric and Political Correctness
In 1980... (see video below) I have grown frustrated with the improper entanglement of being pro-American and anti-immigration. This applies to both ends of the political spectrum. Life is too complex and nuanced to reduce down to a one-size-fits-all-bumper-sticker answer. I think the over simplification and subsequent tribal chest pounding does a disservice to all involved after either side picks which outrage to use to ignite their base as opposed to presenting real solutions to problems. The way we talk about immigration is a great case-stu…
Figuring Out the Picture in your Client’s Head
In case you didn't know, I love Stuart Diamond’s book on negotiation called Getting More . I reference the process in that book at least weekly, if not daily. My copy sits on my desk at work and is often where I turn when confronted with an issue that I don’t know how to address. That isn’t to say it is the source of all knowledge, but the process therein has helped me collect the relevant pieces of a problem and evaluate the situation in ways that can lead to better outcomes. And when you are a professional problem solver, like attorneys …
Using Tone to your Advantage
I play the guitar. It is one of those non-law-related things in my life that keeps me sane. If you’ve ever played or seen an electric guitar, you’ll know that there are knobs on there, like these... The knobs control the volume of the guitar’s output and the tone , or sound of the guitar through the amp. Tone knobs appear not only on the guitar but on guitar effects, that can substantially change how the guitar sounds... And even on the guitar amplifier, which is what projects the guitar’s sound to the world... Tone knobs can be wired to do d…
Creating a Better Initial Client Interview
Initial client interviews are important for a lot of reasons. Here are two ways you can create a better initial interview no matter which side of the desk you are on. Understand the Purpose of the Interview Understanding the why of something can greatly influence the what and the how. As for initial client interviews, “[t]he purpose … is to obtain as much information in respect to the situation presented by the client … [and] to sell the attorney’s services.” By moving from an unstructured and reactive interview to one that is pointed …
Microsoft Word Hack: Auto Populating Repeated Words in a Document
Using document properties in Microsoft Word will allow you to set fields throughout the document that when you fill in one, they all will be filled in with the same word(s). Here is what you do: Step 1 If you haven’t already, turn on the Developer Tab . You can learn how to do that HERE . Step 2 Open a form pleading in Microsoft Word (or a pleading you would like to convert into a form). I’ve used this on petitions for the typical cases I take and discovery documents. Anything I can do to reduce the time spent on discovery …
