Pretrial, Trial, Appellate & Evidence Blog

Pretrial, Trial, Appellate & Evidence Blog Blogs

Latest from Pretrial, Trial, Appellate & Evidence Blog

Navigating Jury Selection Over Zoom By Thomas M. O’Toole, Ph.D. and Kevin R. Boully, Ph.D. King County Superior Courts recently announced that voir dire will mostly be conducted over Zoom as part of the effort to resume civil jury trials during the COVID-19 pandemic. This move allows trials to resume without the need for large groups of people to be in the same place in order to conduct jury selection. It is an important step…
Pretrial advocacy can be taught online. When the pandemic hit us in the middle of my Spring Comprehensive Pretrial Advocacy course, I took what I learned from Seattle University’s Center for Digital Learning and Innovation about designing an online course and applied it to the remainder of the course. It was not ideal having the students argue a motion with Zoom, but it was satisfactory.   A good online course is quite different from one…
Can you learn pretrial advocacy online? The answer is “Yes, Oh, Yes—you can.” Before the pandemic, I began taking a course at Seattle University’s Center for Digital Learning and Innovation (CDLI). I decided to take the classes because Seattle University Law School, where I teach Pretrial and Trial Advocacy, Essential Lawyering Skills and Visual Litigation and Today’s Technology, decided that, due to declining enrollment in its part-time students’ night classes, it would drop those classes…
To qualify any expert, just ask these predicate questions. This is just one example of what the book Trial Advocacy: Planning Advocacy and Strategy has to offer.           1.         INTRODUCTION:     During this phase, the expert can settle down, be comfortable and develop a rapport with the jury.                   Q:        Please state your name.                   Q:        What…
Yes, I know, the title says, “The Right Words for Trial Lawyers”, and this stretches the topic. But, successful trial lawyer talk through visuals without text because they help jurors understand subjects with which they are usually unfamiliar. Trial lawyers use visual analogies. The images remind the audience of physical things that they can relate to. The images can replace a complex concept, showing it to the viewer in simpler and more understandable form, and…
An analogy compares of two otherwise dissimilar things based on a similarity in some particular aspect. Because one aspect of the thing resembles that in the other thing,  there is an inference that other aspects are also similar. An analogy is useful in explaining  a concept or process that the audience may not be familiar. An analogy normally is more complex than a metaphor or simile. How do you craft an analogy? First, figure out what…
Simile: A simile, like a metaphor, makes comparisons by using the words “like” or “as” to introduce the thing the subject is compared to. Like metaphors, similes also are powerful because they connect your case theory with something with which the jurors are familiar. Here’s a collection of similes, some of them compiled by Paul Luvera, one of the nation’s leading trial lawyers: Anonymous: Someone said he is like the rooster who thinks the…
Metaphor: A metaphor makes comparisons by replacing one thing for another. Metaphors are powerful because they connect the information you want to impart to with something with which the jurors are familiar. Also, metaphors can be utilized to make a complex idea easier to understand. In trial advocacy, the metaphor can be a bridge between your case theory and something with which the jurors are familiar. Here’s a collection of metaphors, some of them compiled…
Successful trial lawyers know how to pick the right words to persuade. They use similes, metaphors, analogies, famous quotes, and the rule of three. We’re going to explore all of these, and we start with the rule of three. Rule of Three: For a trial lawyer or for any public speaker, the application of the rule of three is a must. The pattern of three has an impact on the listener. The audience, the jury,…