Website of the Week: MyTrialBlog
Mitch Jackson of Laguna Hills, California has started a new trial blog, MyTrialBlog. Here’s a sample on direct examination:
4. Practice Your Direct and Video Tape Clients- For clients, setup a video camera in your office and conduct a short 15 minute direct examination. Stop and watch the video together. Next instruct your client to sit up with her hand crossed in front of her. Instruct her to look at you and the jury (tell her where they will be sitting) while answering questions. Ask the same questions again and video tape. Now watch the video. Your client will see herself come across 100% better just by the short exercise. You may also want to explain your approach to direct examination so that the two of you are on the same page with respect to your overall presentation. Yes its important to go over this with your client and yes, you are preparing your client for trial. This is what you’re getting paid to do so take the time to do it right. Always tell your client to tell the truth while on the stand. No exceptions.
5. Use Short Descriptive Introductions- Start off each section of your direct, with a short descriptive introduction. This helps the judge and jury stay focused on your presentation of the evidence. For example, in the above case involving a truck which ran the red light, when questioning a paramedic who treated your client, set the stage as follows: Q- Good morning Mr. Jones. Why don’t we start out with what you observed when you first arrived at the scene of this collision. What did you see? And towards the end of his testimony maybe ask like this Q- It’s my understanding that you transported Susan (use first names once in a while to personalize your client and also refer to the defendant as “defendant” or “corporation”) to Good Hope Hospital. Before wheeling her into the emergency room, did she complain of any pain or discomfort?
All good points and the whole post is worth a read. I have had mixed results with videotaping witness examinations. Sometimes people are much more concerned about how they look and how their voice sounds, more than paying attention to how they are coming across and the videotape review becomes counterproductive. I agree with all of the other stuff, though.
Mitch looks like he’s doing a great job with his new blog. I’ve put him in my daily reads and wish him the best.
Unless the defendant is a trucking company or some major business in which case say the defendants name over and over again!.
