This post was written by Rita Handrich: "We're always on the lookout for research findings that can give us an edge when it comes to jury selection. These sorts of findings are often counter-intuitive and not the sort of thing you would figure out on your own. As a public service (and because it's sort of fun) we present the latest of our research scavenging..."

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Source: The Jury Room, 30 August 2010. Reproduced with permission of Douglas Keene.

This post was written by Stephanie WestAllen: "You may get a free taste of metaphor guru Anne Miller's new book by downloading two chapters. Unfortunately Make What You Say Pay! is not available on Amazon, but her earlier book Metaphorically Selling can be purchased there.

Important note added later: The new book is available on Amazon by clicking here.

Here's a post I wrote a while back about Miller's work, and about metaphors and the brain. I have long been convinced of the persuasiveness of the metaphor. Metaphors grease communication. They  are words' ball bearings. Okay, maybe I need to read the new book . . ."

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Source: idealawg, 26 August 2010, reproduced with permission of the author.

In the news: "While most boat crash cases involve fewer defendants, they can be more complicated than motor vehicle accident cases because federal maritime laws often apply. "There's no good or quick or easy way to understand this whole body of law," says attorney Richard Newman. "It's a very specialized area." In fact, attorney Wynne Bohonnon says most of his boating cases come as referrals from other personal injury lawyers. But in this economy, more lawyers are trying to take on these cases."

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Source: Law.Com's Daily Legal Newswire. 25 August 2010. Copyright 2009.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

This post was written by Evan Schaeffer: "There's a good article about civility in this month's Illinois Bar Journal: "Uncivil Action," by Helen W. Gunnarsson.

Some tips from the lawyers interviewed for the article:

• It's a waste of time to try to outbully a bully; make a decision not to respond to incivility with incivility;
• You can't reform the small percentage of lawyers who use incivility as a litigation tool; those lawyers, though, will become known for their incivility, which will tend to make it harder for their strategy to work;
• Your own bad behavior will come back to bite you; always treat people with courtesy, even when they're inept at doing it themselves.  

Here's my own tip: get more sleep. In my experience, many of the ugly outbursts I've witnessed at depositions, which often lead to apologies later, are caused by stress exacerbated by lack of sleep."

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Source: Trial Practice Tips Weblog, 20 August 2010, reproduced with permission of the author.

This post was written by StephanieWestAllen: "In the past, I have blogged about problems with memory as it relates to eyewitness testimony (links below). A public defender in California recently called to the stand a memory expert to testify about the potential problems with what eyewitnesses believe they saw..."

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Source:  idealawg, 18 August 2010, reproduced with permission of the author. 

This post was written by StephanieWestAllen: "Excerpt:

There are all kinds of ways to make memories that people will not forget. The most effective techniques result in the judge and jury seeing your facts, either literally or figuratively. The point of making memories is to make the judge and jury become "eyewitnesses" to your case.

Demonstrative evidence helps, but it also is your job as an advocate to use the spoken word--mere transitory sounds--to form indelible impressions.

Painting a vivid word picture is one of the most important trial techniques a lawyer can learn..."

Read about some good basic principles to review and examples by clicking on the author's name.

Source: idealawg, 17 August 2010, reproduced with permission of the author.

Podcast description from the site: "On this edition of Ringler Radio, host Larry Cohen welcomes colleague, Tom Murray, an associate in the New York City and Fairfield County, Connecticut offices and Attorney Henri A. Demers, partner with the firm Ahmuty, Demers & McManus, to look at the importance of having a broker present at the settlement table from a defense attorney's perspective. They discuss the broker's role in mediation or at the settlement conference, when to bring a broker into the settlement process and what kinds of cases are best suited for a structured settlement from a defense attorney's standpoint.

Related Podcasts

• July 19, 2010 -- Construction Defect Cases
• July 6, 2010 -- Liability Transfers
• June 7, 2010 -- Marriage Cases & Structured Settlements
• April 26, 2010 -- Structured Settlements & Mediation in the Toyota Crisis
• August 2, 2010 -- A New Look at NSSTA 

Active links and podcast are available at the source site listed below.

Source: Legal Talk Network, 16 August 2010. © 2010 · Legal Talk Network. Reproduced with permission of Scott R. Hess.

This post was written by Evan Schaeffer: "When dealing with the judge at trial, try your obsequious best never to show any hint of irritation or disrespect.

That's the advice of Martin L. Grayson, who writes in his excellent, readable book The View from the First Chair: What Every Trial Lawyer Really Needs to Know:

In my opinion, one of the biggest mistakes an attorney can make is alienating the judge. You will put yourself and your client at risk of losing every close call, having every request for continuance or extension of discovery procedures summarily denied and, worst of all, having the judge signal the jury at trial that you are not trustworthy.

Good advice.

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Source: Trial Practice Tips Weblog, 11 August 2010, reproduced with permission of the author.

This post was written by the library staff: "For those of you who conduct a lot of voir dire and have purchased an IPad, iJuror may be just the tool you need. The specs on this tool look good for keeping track of potential jurors, their information, and their biases."

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Source: Cleveland Law Library Weblog, 2 August 2010. Reproduced with permission by Kathleen Sasala.

This post was written by Douglas Keene: "Or so we believe. We've written about beliefs in our individual ability to detect deception a number of times. The truth is, our ability to detect deception is often less than that of chance alone. But that doesn't inhibit our wish to imagine great skill in detection.  Even when we experience lies big and small--right to our faces--on a regular basis, we still want to believe we have nearly magical ability to spot it.  If this delusion wasn't so dangerous it would be somehow funny or sad.  But in fact it is hazardous to justice..."

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Source: The Jury Room, 30 July 2010. Reproduced with permission of Douglas Keene.