Trial Skills Archive
Tips from the Trenches »
How College Football Has Made Me a Better Lawyer
By Francisco Ramos Jr.The same principles that carry teams to a winning season make us better lawyers.
Ten Things Your Expert Neglected to Tell You
By Francisco Ramos Jr.No attorney wants to hear his expert assert his Fifth Amendment right against self-incrimination.
Ten Practical Tips for Making Your Case Appealable
By Alex Wilson Albright and Susan VancIn the heat of a trial, it can be hard to remember that the war may not end with the trial court’s judgment.
Wrestling with the Judge Who Wants You to Settle
By Campbell KilleferSorting through juror opinions and beliefs is one of the lawyer's most difficult challenges.
Considerations for Determining When to File a Summary Judgment Motion
By Michele L. MaryottDespite a lack of sexiness, the summary judgment motion is a critical weapon in the arsenal.
Selecting a Jury of Cynics, Believers, and Others
By Robert A. CliffordSorting through juror opinions and beliefs is one of the lawyer's most difficult challenges.
Ten Tips for Making Your Case Appealable
By Alex Wilson Albright and Susan VanceCommon sense and careful preparation are the keys to practicing the art of the blind cross.
Mastering the Blind Cross-Examination
By Mark A. NeubauerCommon sense and careful preparation are the keys to practicing the art of the blind cross.
Dealing with the Difficult Adversary
By Frederick AlimontiPreparation, understanding of adversaries are keys to avoiding or ending disputes with opposing counsel.
Weathering the Storm
By Theodore M. GrossmanAnnals are filled with cases won by lawyers who creatively responded to and surmounted bad developments beyond their initial control.
Narrative, the Essential Trial Strategy
By Stephanie KaneWhat happens in between “Once upon a time” and “The end”?
Copyright Claims: Not Just for Artists Anymore
By Edward J. NaughtonCreative approach to copyright offers expanded benefit for clients.
Managing Client Expectations
By Bruce BikinWith nearly all civil cases ending in settlement, parties must consider how to maximize efforts in judicial settlement conferences.
alternative dispute resolution »
Federal Question Jurisdiction Raised Only in Counterclaims
By David B. CollierSupreme Court settles long-standing controversy over federal court compulsion of arbitration.
Appellate Practice »
Oral Argument for Young Lawyers
By Dennis OwensWant to be a good appellate attorney? The skills needed are different from the skills required for trial lawyers.
New Federal Rules Will Govern Indicative Rulings
By Josh JacobsonDistrict courts will be unable to deny a Rule 60(b) motion while an appeal is pending.
Amendments to the Federal Rules of Appellate Procedure
By Steven FinellFourth amemdment dealing with amicus curiae briefs may generate controversy.
Pretrial practice & discovery »
Strategic Motions to Dismiss (or Lack Thereof)
By Mark Thomas SmithEach case requires careful planning and strategizing before a move to dismiss.
Fundamentals of Discovery Motion Practice
By Samuel A. ThummaCourt cure for discovery disputes includes research, preparation, and dose of common sense.
Second Chair
Preparing for Your First Civil Trial, Part Six: Witness Preparation
By Jennifer L. Saulino, Maureen R. Knight, and LaQuita S. WornorNo doubt about it: Cases are won or lost in witness preparation.
Preparing for Your First Civil Trial, Part Five: The Court and the Judge
By Jennifer L. Saulino, Maureen R. Knight, and LaQuita S. WornorThe move to the real court carries a host of issues that first timers must keep track of.
Preparing for Your First Civil Trial, Part Four: Task Lists and Trial Outlines
By Jennifer L. Saulino, Maureen R. Knight, and LaQuita S. WornorTask lists and trial outlines are critical, regardless of case complexity.
Preparing for Your First Civil Trial, Part Three: Meeting the Judge
By Jennifer L. Saulino, Maureen R. Knight, and LaQuita S. WornorMeeting your judge for the first time requries attention to manners and being a good listener.
Preparing for Your First Civil Trial, Part Two: Depositions
By Jennifer L. Saulino, Maureen R. Knight, and LaQuita S. WornorTrial themes, strategies are critical to deciding whom to depose and what to ask.
Preparing for Your First Civil Trial, Part One: Where and How to Begin
By Jennifer L. Saulino, Maureen R. Knight, and LaQuita S. WornorEvery case should be thought of as a trial case; preparation begins on day one.
Leveraging Your Jurors’ Self Interest
By Harry PlotkinEven when they try to be impartial, jurors cannot divorce their values and interests from the outcome of your case.
Trial Evidence »
Identifying, Addressing, and Preserving Evidentiary Issues
By Alfred J. SaikaliEvidentiary issues require the earliest possible detection.
Using an Expert Witness as a Landmine
By James J. Donohue and Christopher E. BallodPineda v. Ford Motor Company decision could be trouble for lawyers facing off against expert witnesses.
A Video Deposition How To
By Christina L. Dixon and Jennifer K. HohnsteinUse of video at various stages of trial presents unique challenges, opportunities.
Trial Practice »
Persuasion Starts with Strategy
By Chris Dominic and Bruce BoydExperience can, at times, divert attention from trial strategy to the routine laundry list of litigation items that must be addressed.
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