Most lawyers, when they prepare witnesses to testify, are understandably focused on the key substantive issues. They want to make sure the witness remembers important points. Great! But in so doing, lawyers often rely on their prepared questions, leaving little or no room for information not elicited by the lawyer’s direct questions. As I prepare witnesses to testify, they disclose unexpected information that I then present to the lawyer–often to his/her surprise. Frequently this information…

GenXers are getting older. They are the generation bumping up against the Boomers who are slowly but surely on their way out. Which means you are seeing more of them in the jury box – individuals born between roughly 1961 and 1981, who are now in their late 30’s to mid 50’s. They are no longer entry-level hires, they’ve moved up into managerial or supervisor ranks, or commonly, headed off into entrepreneurial ventures of all…

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In the political world, character has been a subject of considerable interest over the past year. In the trial world, this is nothing new. An attorney’s character is always a subject of interest to jurors. The more you exhibit sound moral character, the more favor you are likely to find with the jurors. Behaviors that are characteristically interpreted as evidence of sound moral character include the following:        1. Be professional toward opposing counsel. Don’t stoop…

A successful lawyer is one who knows how to persuade jurors, that much is obvious. What is less obvious is that jurors are persuaded on several different levels. One level that is often ignored is the difference levels in how we each perceive information, our unique perceptual modes. An individual’s perceptual mode determines the primary way that individual perceives events and situations: we see it, hear it or feel it. That is not to say…