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Persuasive Litigator Blog

Articles: 1-10 of 518

Need to Talk About Race in Trial? Watch for Language Polarization

USA - June 27 2022 There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use…

Stealing Thunder: Know When to Preempt and When to Wait

USA - June 20 2022 When the other side has a powerful potential argument, but you get to go first, then you have a strategic call to make. Do you use the opportunity to…

Defend Your Product Testing Regimen: Seven Standards

USA - June 13 2022 When you test a product to assess its performance and safety, of course you have very substantive reasons for doing that: You are aiming to check…

Masks in Court: Understand the Real Lesson

USA - June 9 2022 As we begin to take stock of and conduct research on the effects on the pandemic adaptations, it is important to keep an essential principle in mind:…

Prepare for Multiple Choice Questions in Deposition

USA - June 2 2022 Anecdotally, I have seen it in a few recent cases: The deposition witness isn’t asked an open-ended question and isn’t given a “Yes or No” either…

Know the Other Side’s Three Goals for Your Deposition

USA - May 23 2022 So, your deposition has been scheduled, and you’re just starting to wrap your head around what is in store for you. Your lawyer has already stressed…

Look Beyond Your Jurors’ Political Identification: Education Matters

USA - May 16 2022 Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with…

Witnesses, Don’t Create Obstacles to a Positive Perception

USA - May 12 2022 Witnesses, I’d like to have a word. You know the most important audience for your testimony — the jurors in the courtroom with you, or the future…

The Research/Practice Gap: You Should Continue to Prefer Live Testimony

USA - May 9 2022 I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid…

Embrace the Power of “You might be thinking…”

USA - May 5 2022 A seasoned trial lawyer stands in front of the jury, previews the critical argument, and then, making knowing eye contact with the jury, adds, “Now…