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Ideas on the path to victory

The trial litigation battlefield is often far from the elegant setting of a Supreme Court oral argument. Here are a few thoughts that I add on the road to trial court victory: When you are at zero you are not an impediment to the people...

Negotiating from the Getting to Yes Approach

Soon after starting college, I sat transfixed as Roger Fisher gave a talk about negotiating on goals versus positions, in any conflict from global to local to litigation. It all makes sense, but many prosecutors seem not to have heard of such an approach to...

Winning in the absence of a breath technician

When a criminal defendant’s trial date continuance motion is denied, s/he ordinarily must proceed to trial on that date, or resolve the case by settlement negotiations. When a Virginia prosecutor is unable to obtain a trial date continuance, s/he can move the court to enter...