Prospective Clients Should Ask (But Generally Don’t) What Experience Their Trial Lawyers Have Proving Punitive Damages

Like most things, you need to know about his or her experience with punitives BEFORE you are in a position to ask for them. Now that compensatory damages have been awarded, the Alex Jones damage trial in Texas moves to its punitive phase. Here’s the link. Jury finds Alex Jones caused $4 million in damages […]

Pro Tip For Alex Jones: Be As Prepared As Your Lawyer (or get a better lawyer next time)

Law students across the country used to watch video lectures on evidence by the famous Irving Younger (Harvard). I still remember his hearsay lessons – that made the impossible seem within grasp. The best of the Younger tapes was the series on cross-examination. For a kid who never wanted to be anything but a trial […]

Jury orders Charter to pay $7 billion in technician’s murder of Texas customer

People hate their cable companies. A focus group could have told the defense that before trial. My bet is the defense rode their assumption that the company couldn’t be held responsible for the employee’s criminal conduct all the way to real trouble. It’s a good bet that they misread the jurors all the way through […]

It’s Official: Pandemics Wreck Trial Dates

Civil dockets have been upended for years, as trial courts prioritize their criminal caseload. This leaves civil plaintiffs cases languishing, delaying resolution and upending settlement leverage. Insurance carriers are happy to hold on to the money owed to injured plaintiffs while they struggle to navigate the court system and the pandemic. Choose your lawyer wisely. […]

Why is rehab important?

Rehabilitation is relevant in personal injury litigation in two important ways. First, there are present rehab needs that must be recognized and fulfilled by treating care providers. This requires detailed attention to the physical problem at issue and the patient’s ability to work through those problems. Time and attention are the keys to the treatment […]

A Lesson In How Not to Take a Win (Or a Loss).

Be respectful in wins and losses. You’ll have both if you are a trial lawyer. Spiking the ball and dancing the Griddy in the end zone to celebrate yourself may turn around and bite you. McKenna’s speech was recorded on video and posted to his firm’s social media page, but quickly removed. Nevertheless, it is now in […]

Final Thoughts On Discovery

Once your lawyer receives and organizes discovery, the contents are evaluated closely – in and out of context. The stuff must be turned over, looking at it from every angle. In the movie, My Cousin Vinnie, Joe Pesci’s character teaches this lesson using a playing card. He shows the card to his young client with […]

Trial Story: Did I Just Say That Out Loud?

“Your Honor, I distinctly heard someone at Mr. Thompson’s table say the word “cheeses”.” I thought I’d mumbled it under my breath. Apparently not. It was a bench trial and there was no jury so things had gotten a little loose after a day or two of everyone getting comfortable with one another. Maybe too […]

The Embedded Appeal

And sometimes the critical need to focus on persuasion can understandably affect a trial lawyer’s focus on sometimes mundane legal issues. Behind every good trial strategy lies a series of arguments, objections and rulings that could – theoretically – set a case up for appeal regardless of the verdict. I know this better than most, […]

Judge on a Hot Mic Catches the Wrath of a Trial Lawyer

‘Can you imagine waking up next to her every day?’ said the Judge about Bill Cosby’s criminal defense lawyer, forgetting that he was being livestreamed. Now, that Judge is facing a complaint. Decorum is a real thing and it runs both ways. If you are a trial lawyer, you’ve danced this dance with a judge. […]