I wrote this blog/article primarily for my own, Eric Roy, and my staff’s benefit. These concepts were first introduced to me by Rick Friedman who is considered one of the best plaintiff’s trial lawyers in the country. His concepts have been incorporated by other great trial lawyers such as Don Keenan amongst others. For […]
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. This can be also any disparaging […]
Once the breach of the duty is established, the only requirement left is to determine if the Plaintiff was harmed by the Defendant’s negligent act and, if so, compensate the victim. Generally, in determining damages the Defendant’s culpability is of no consequence, unless punitive damages are assigned. An important step in compensating […]
We win cases with exceptional cross examination. The reason why cross examination is so powerful is that this is the point in our trial when hostile witnesses can testify to our positive facts. When our own witnesses testify, they do so from a point of bias, and the jurors see this. When hostile witnesses […]
There are some fundamentals of cross examination which will apply in virtually all trials. For instance, we should never ask a question we don’t know the answer to. I typically won’t ask a question unless I can impeach a bad answer or otherwise expect that the answer cannot hurt my case no matter how […]
Cross examination can be an incredibly powerful tool in trial. Cross examination allows us use leading questions unlike direct examination. Cross examination also allows for the examining lawyer to impeach of the witness. When we impeach a witness we demonstrate that the witness either intentionally lied on the stand or otherwise testified falsely because […]
