Adultery and Truthfulness

The not-so-veiled threat made to Michael Cohen – “Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot.” – created an uproar and ultimately an apology of sorts.  Whether the

CRIME…OR HOSPITAL CARE MISINTERPRETED?

When a child dies and there are signs of physical abnormalities—bruises, tearing, etc.—the result may be testimony of “unquestionable” or “unmistaken” signs of sexual abuse. That in turn may lead to criminal prosecution, conviction, and even a sentence of death. Yet both the advance of science and the simple act of paying greater attention to

THE LANGUAGE OF AN OPENING – SIMPLE BUT DEPICTIVE

In a recent article on how to structure and deliver a potent opening statement, the author, Director-Elect of the National Trial Academy, wrote the following: To simplify a case mired in complex terms and evidence, avoid using legalese and overcomplicating the facts and evidence. Simply put, use plain language. Below is an example of two

PRACTICE DOES NOT MAKE PERFECT

Too many of us believe that if we do it [in the case of litigators, trying cases] enough, we will become good if not expert at our craft.  Irving Younger preached the 20 jury trial threshold; others have written that 10,000 hours of practice [rehearsal] are the sine qua non of moving on to expert

The Kavanaugh Hearing – An Alternate Approach

Watching the final day of the Judge Kavanaugh confirmation hearing was dispiriting, both as a citizen and as a teacher (and continual student) of the art of advocacy and persuasion.  We saw the obvious trauma suffered by Professor Ford; the inability of many Senators to accept that sexual assault victims may delay disclosure but be