Category Archives: Tips

Problems with videotaping depositions:  Until recently, the main reason I could offer for not videotaping depositions was the additional cost it imposed upon the client.  Now I have become aware of at least one reputable deposition provider which includes, at … Continue reading →

One of the most important qualities of an expert witness is sincerity.  At a recent Bench and Bar Conference one panelist’s comment: “If you can fake that the rest is easy.”    

Obviously, a fertile area for Tips.  I will begin simply, sharing words of H.T. Smith, a long-time legend of the Miami Bar: “You don’t have to be cross to do cross.”  

Keep it simple!  To the geeks among us, the idea is to use technology to present information in the most useful way, not show off what you know.  One litigator I respect usually uses what he calls trial boards: simple, static … Continue reading →

Juries have different ways of learning.  We lawyers think in terms of logical progression and academic presentation.  Technology can introduce information in a way that may better get through to your trier of fact.  Many trial lawyers find that a power … Continue reading →

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.*  This series began discussing the possibility of the nuclear option of a motion for recusal.  Last in the series is another nuclear option:  Removing yourself from the case. … Continue reading →

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.*  Where it seems to be an ongoing problem, not a single-case situation, a one-on-one, frank discussion with the judge might help.  Obviously you must avoid the … Continue reading →

Where opposing counsel is an obstacle to reasonable progress, one option is to seek out your circuit’s Professionalism Panel.  Undoubtedly the greatest strength of Professionalism Panels is the litigators who serve on them.  These men and women have seen it … Continue reading →

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.* One option is to have a talk with the judge’s JA.  Maybe you’ve been doing something that rubs the judge the wrong way (always scheduling what … Continue reading →

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.*  First, the nuclear option:  Recusal.  Grounds:  “An affidavit stating fear that he or she will not receive a fair trial . . . because of prejudice of … Continue reading →