Persuasion
The three basics of effective trial advocacy: Knowledge/intelligence, skill/experience and passion/conviction
The three basics of effective trial advocacy, and persuasion beyond the law, are knowledge/intelligence/preparation, skill/experience, and passion/conviction. They all need to be synthesized into a harmonious whole. Passion, conviction, and persuasion are major hallmarks of the Trial Lawyers College, which I attended for four weeks in August...
“We must be in heaven, man! There is always a little bit of heaven in a disaster area” – The persuasive power of laughter
Those who actually attended Woodstock know full well how overcrowded a be-in it was. In the middle of it all, a partially-toothless (from being beaten at demonstrations?) Hugh Romney announced to the crowd: “What we have in mind is breakfast in bed for 400,000… We...
“Perhaps someone could have made us feel a little more human”at times I felt like rats in a cage”
“Perhaps someone could have made us feel a little more human–at times I felt like rats in a cage.” – Juror The foregoing is the lead quote from a 1998 study from the National Center for State Courts entitled Through the Eyes of the Juror:...
If you get stagefright, read this
Stage-fright is common among lawyers, criminal defendants, witnesses, jurors and everyone else who appears before a judge and jury. In that regard, I understand that even Yul Brynner, with many performances of The King and I behind him, would still precede his stage appearances with...
Dealing with obsessed clients, empathizing with all clients, and getting to zero limits
In the past, when people asked me if I did family law, I sometimes would respond that I am more than happy for other lawyers to have to deal with levels of obsession among their clients that apparently are much higher than among criminal defense...
Winning requires battle, dirty hands and beyond, and transcending unfairness
In my second semester of law school, my eyes glazed over about the trade-school-sounding aspect of our moot court instructor’s intensely instructing us on the minutiae of using the right color for our appellate legal brief covers – blue for the appellant and red for...
Fight like hell, always
Trial lawyers: Beware when your opponent cuts you off — aside from merely making a non-speaking objection — when you are explaining an objection or other legal argument during a trial or motions hearing. When judges have a busy docket or long day ahead of...
“The life of lawyering is filled with noise and turmoil. Peace is hard to find.” – John Johnson
Abbey Road revisited. This morning, a gaggle of geese crossing a busy street gave drivers a chance to step back from their Friday hustle-bustle. I excused myself from my cellphone call to snap this photo. John Johnson emphasized to me the importance of finding quiet and...
Trials are war, and require reducing fear and stagefright
Photo from website of U.S. District Court (W.D. Mi.). Even though my own stagefright level by now is at a deep minimum, I still need to understand stagefright and ways to minimize it for my own ongoing journey, and for the sake of the witnesses...
“You are talking like a lawyer”
Photo from website of U.S. District Court (W.D. Mi.). The phone and emails are constantly ringing from clients, witnesses, courts, opposing lawyers, potential clients, and the list goes on. No sooner does one court date finish than the next court date begins. Snail mail is relentless....