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Litigation Triangle

November 29th, 2017|

Pick any two: Price, Quality, ServiceAlthough it would be difficult to nail down every litigation matter within the boundaries of the Project Management Triangle (see https://en.wikipedia.org/wiki/Project_management_triangle), there are certainly some grains of truth to be found.1. Price – The lowest bid wins!Unless you work for a government agency and are forced to award a contract to the lowest bidder regardless of qualifications and experience, this might not always be the best option. That’s not to imply you shouldn’t be cost-conscious, but there is a lot more to the game than who’s the cheapest you can find? If you’re just looking

Trick or Treat?

October 31st, 2017|

Trial or Settle? Trick or Treat?I’ve enjoyed the opportunity of congratulating a client on settling their matter prior to trial. Many times. Perhaps too many times. While I do have a vested interest in the case going to trial, I can certainly understand any reluctance on the part of a litigant or counsel, given the incredibly high level of stress and risk involved. What are a few of the factors to be considered?1. How have settlement negotiations been going? Are the numbers getting closer together, or does one side expect the other to give it all up? Settlement is not

Best Impeachment EVER!

April 14th, 2017|

LitigationWorld: Micro-Symposium on Valuable Lessons From Memorable Trials All trials have moments of drama from which litigators learn valuable lessons. This issue of LitigationWorld features a micro-symposium with six such lessons. These memorable trial events and resulting tips from Ted Brooks, Karen Koehler, Benjamin G. Shatz, Neil J. Squillante, Thomas H. Vidal, and Edward Zohn encompass courtroom decorum, direct testimony, cross examination, demonstrative evidence, impeachment, and trial strategy. (This was first published on Technolawyer's LitigationWorld newsletter. I have shared my contribution below, and would be happy to forward a copy of the entire newsletter email upon request. Email requests to tbrooks@litigationtech.com). Ted

Battle of the Trial Presentation Apps

March 24th, 2017|

TechnoLawyer's LitigationWorld newsletter just published an excellent set of 9 different perspectives on trial presentation apps and software. Authors (limited to 175 words) include Ken Broda-Bahm, Ted Brooks (hey, that's me!), Russell Cardon, Mitch Jackson, Karen Koehler, Ian O'Flaherty, Timothy Piganelli, Jeff Richardson, and Thomas Vidal. If you're a subscriber, I welcome your comments and feedback here - from YOUR perspective. If you didn't receive it, I would be happy to forward the entire LitigationWorld email newsletter to you - just PM or email me your email address and I'll send it. My email is tbrooks@litigationtech.com. Once you've had a

One Exhibit No Attorney Wants to See

February 22nd, 2017|

One Exhibit You NEVER Want to See(click to zoom in)Can you recall watching some case where an exhibit like this might be appropriate? This is one trial exhibit you never want to see – at least as the Defendant in your own trial. I can tell you that I’ve seen plenty of cases where a client might have had a decent chance of prevailing, had they decided to try filing something like this. With Florida recently joining, over half of the States have now adopted the revised version of Rule 1.1 in the ABA Model Rules of Professional Conduct. The

The Cost of Trial Experience

February 10th, 2017|

The Vanishing Civil Jury Trial - In case you’re the only one who hasn’t noticed, there seems to be a trend toward keeping litigation matters away from the eyes of a jury. This means fewer trials in the courts, followed by fewer attorneys with trial experience. Attorney Gary Gwilliam wrote about this in Plaintiff Magazine a few years ago. The "Hot Seat"Although many cases are settling or going to arbitration, there are times when an agreement simply cannot be reached. It’s not always a clear argument of right and wrong. If it were, there would be no need to litigate.

2017 Greatest Hits

January 17th, 2017|

We’ve shared a few “Greatest Hits” lists over the years, and so here’s the next installment. Although we get a great deal of traffic from Google and other web searches, we also have our “Top 10 This Week” list, a blog-specific Search feature, and of course, our Complete Archive Directory. All of these may be found to the right and below this article.Rather than just another list of favorites, this is a topical directory of a few articles in each category, featuring several of the best articles on this blog. If you have a topic of interest, or are looking

Demonstratives: Making Effective Graphics for Trial

December 15th, 2016|

I frequently use Microsoft PowerPoint to create and display demonstrative graphics used in Opening Statements, Closing Arguments, and with Expert Witnesses. Although professional graphic artists also use tools such as Adobe’s Illustrator and Photoshop, in the hands of an experienced user, PowerPoint can accomplish many of the same tasks, and it is much easier to work with. In addition, it is often used to present demonstratives in the courtroom – regardless of which software was used to design them.Demonstratives: Making Effective Graphics for TrialPublished by National Institute for Trial Advocacy (NITA), John Cleaves’ recent book offers an in-depth look at

$haring Trial Support Costs

November 30th, 2016|

Regardless how large your trial may be, saving your client a little money is usually a good thing -- at least when it doesn't come at the cost of compromised quality (or malpractice). Here are a few possible ways to reduce some of your trial costs. Joint Trial ExhibitsMany courts appreciate (and some require) parties to agree upon and submit a set of Joint Trial Exhibits. A good place to start would be the deposition exhibits – particularly if they have been sequentially numbered from the outset, rather than starting over with each deponent. Here – let me repeat that: Sequentially

Trump Deposition: Synced Version Now Available Online

October 1st, 2016|

In an example of what has been the most entertaining election cycle in history, yet another tidbit has been served up for all to enjoy - the deposition video of Donald J. Trump, taken June 6, 2016. Regardless of your political preferences, once I heard this news, I knew I had a little work to do. Here is a link to the CNN article.On Friday, September 30, 2016, Washington, D.C. Superior Court judge Brian Holeman sided with news organizations, allowing the release of the deposition video from a $10 million lawsuit filed by Trump against chef Geoffrey Zakarian, who had signed