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Let the courthouse walls disappear and the unblocked testimony begin

Repeatedly in my initial discussions with them, clients and witnesses recount the events leading to my client’s arrest not only with descriptive words but with conclusions, opinions, and the occasional (usually with younger witnesses, which seems to be a generational way of speaking) "so I was...

The power of the pause

The naturally-placed pause has power. I only wish the following people knew it and applied it. One day, I took a taxi in Washington, D.C., and at the destination the driver quoted a fee that was at least fifty percent higher than the then-in-force zone...

Facing and reversing others’ trespasses

Recently — I think in one of Ram Dass’s two recent books — I was re-reminded how important it is not to take others’ seeming trespasses personally. For instance, if person A is yelling at person B, that may be more of a manifestation of...

Trial lawyering without exhaustion and boredom

I love my work. I serve my clients and justice, I practice the art of persuasion, and I stand up against injustice. Plenty of my work, also, involves solitary moments preparing, thinking, researching, and writing. I wake for exercise and then work when most people are sleeping, and...

“The play’s the thing.” More on the power of storytelling

Do jurors — and judges when sitting as factfinders — want to be talked at monotonously like all the adults in Peanuts? Do they want to be whined to like George Zimmerman’s prosecutor did in closing argument? Or, do jurors and judges as factfinders want...