Trial Strategy
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Taking experts down
Don’t waste your ammunition trying to blow away an expert witness’s testimony. Most good experts will simply fire their opinions back in your face.
That’s the advice of Thomas M. Durkin, a veteran trial lawyer and partner at Mayer, Brown, Rowe & Maw in Chicago. Instead, he suggests, limit your attack during cross-examination to particular areas where you have the possibility of discrediting the expert.
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April 7, 2008
How to handle an IP jury
They are complicated, they are impersonal, they are unsexy – and most of all they are rare. Intellectual property trials present a variety of challenges for attorneys, not the least of which is explaining complex issues to twelve men and women off the street.
Trial consultant Dennis Thompson recently spoke with Lawyers USA and shared some of his strategies for contending with jurors when IP cases go to trial.
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April 7, 2008
Report drives home plaintiffs’ argument in rollover cases
A new study bolsters one of plaintiffs’ key claims in rollover cases – that weak roofs are the main cause of death and serious injuries in rollover accidents.
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April 7, 2008
Forensic linguists make a science of syntax
Forensic linguistics, the science of identifying anonymous speakers and writers by their language patterns, is being used by litigators in both criminal and civil cases.
Part of the linguist's role is to teach an attorney how to present this evidence to a jury.
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April 7, 2008
Another voice: Using jury research to settle cases
In a growing number of cases, jury research, in the form of focus groups and mock trials, is being used in mediations and settlement discussions to show the parties how a jury will actually decide and value the case.
These techniques provide attorneys with concrete evidence to back up their claims of how much a case is worth and how a jury is likely to decide liability.
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April 7, 2008
Defense experts using controversial ‘malingering’ test
A controversial test that is supposed to detect “malingering” is gaining popularity among defense experts in personal injury, workers’ compensation and other cases.
The “Fake Bad Scale” is being offered by medical experts as evidence that plaintiffs are fabricating their symptoms.
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February 25, 2008
Massive sanction for e-discovery failures offers lessons for lawyers
A judge’s recent decision to slam attorneys with $8.5 million in sanctions for failing to monitor their client’s e-discovery failures – and report them to the state bar for possible disciplinary action – sent ripples of fear through the legal world.
