This will likely be the last piece I write on last month’s trial.  We are scheduled to start another trial in January 2018, with additional trials in April and May, and they may gin up some additional insights that I think are useful to pass along.  Today I have some quick thoughts about opening statements and closing arguments, as well as jury deliberations. Continue Reading Some Quick Thoughts on Opening Statements, Closing Arguments and Jury Deliberations

TV production studio showing man talking to cameraAlthough our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through videotaped deposition testimony that can be even more effective than having the witness appear live.  I know because I just finished a 3-week trial where 75% of the witnesses we called in our case appeared by videotaped deposition. The defense also called approximately 75% of their witnesses by deposition, The result: after a half-day of deliberations the jury found the defendants negligent and awarded our clients $217.7 million.

Federal courts and most state courts have rules that govern the use of deposition testimony at trial.  The instances when parties may introduce deposition testimony are limited: Continue Reading Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

judge hand with gavelFor nine years, Tilting the Scales has brought legal issues with a business slant –practical and conversation points. Many who we represent are entrepreneurs who prefer to avoid lawyers and, certainly, the courthouse. Few of our Tilting issues focus upon third party resolution of disputes.

This post discusses my arbitration that dodged the “Top 8 Pitfalls of Arbitration” discussed in Tilting’s January 2016 article and attorney insight on the steps of a trial.  Continue Reading Personal Insights into Arbitration and Trial