Jury Trial Strategy – Trial Lawyer Stuff

Herbert Stern talks about how “pretending” to not hear the witness in order to get the witness to repeat his “good” answer for you can lead to a jury distrusting you – because they can see right through the lie – that you didn’t hear it – when they know you did hear the answer – just like they heard it.

Herbert Stern talks about why you should not read questions when questioning witnesses. Keep it simple and ask questions in plain English.

He also discusses the “doctrine of fencing off”. Cutting off all avenues of escape “before” you ask the ultimate question.

Herbert Stern talks about the order of witnesses and why it makes a difference. Cross and Direct Examinations are both affected by the order witnesses are called. Herbert’s advice is to start strongest and stay strongest – don’t save your best for last, use it first and keep going. You must consider how difficult it will make it for your adversary to cross examine your witnesses after you have called them in a particular order.

Personal Injury Attorney