Entries by Lisa Dunne

Significant Damages Awards — 6 Opening Remarks to Set the Stage in Voir Dire

Most jurors today simply accept that there are too many frivolous lawsuits, and that plaintiff’s lawyers are greedy individuals looking for another “McDonald’s” verdict. You can begin to overcome this common predisposition in the initial moments of voir dire, when you first stand and speak to the jury panel. Rather than “selling” your case to […]

Cross-Examination Tips and Tactics — Lessons Learned From Civil Jury Trials

Do you know the best way to control a confrontational witness on cross-examination? Do you know how to handle an argumentative witness or a sarcastic witness? How can you effectively use repetition during cross-examination? How do you avoid asking “one question too many”? Pattern Cross-Examinations answers all these questions and more. Consider these tips, excerpted from […]

Win the Objections Battle at Trial

Success at trial often depends on getting your evidence in and keeping your opponent’s evidence out — or, at the very least, limiting its effect. In the heated battle of trial, this can be easier said than done. You have to know the evidentiary rules, statutes and common law, and be prepared to use them […]

Federal Criminal Discovery — 6 Tips for Better Results

Are you taking full advantage of the discovery opportunities in your federal criminal cases? Small changes in your discovery practice can generate big rewards. Consider these six tips, excerpted from Federal Criminal Practice: 1.  Request Government Agents’ Notes of Interrogation You are entitled to any written record of your client’s oral statements to a known […]

7 Practice-Tested Plea Bargaining Strategies

Most criminal cases end with a plea of guilty, rather than a trial. Thus, from the outset of the case, you should be exploring the opportunities for a disposition short of trial, with both your client and the prosecutor. Toward that end, consider these 7 practice-tested strategies and negotiating tips, pulled directly from Thomas J. […]

Challenge “Same Actor” Inference on Summary Judgment

Defense counsel routinely argue, as grounds for summary judgment, that the plaintiff’s employment discrimination case must fail when the hirer and firer are the same individual. Although the “same actor” inference has some superficial appeal, it is by no means a bullet-proof defense. Indeed, here are six arguments you can use to combat the hirer-firer […]

Persuasive Case Themes in Employment Litigation

Memorable movies all have memorable themes that resonate throughout the entire story. What would Casablanca be without “As Time Goes By”? Similarly, your employment case should have a theme that singularly conveys your most important message to the jury. Deposing and Examining Employment Witnesses offers helpful tips for developing a persuasive case theme and presenting […]

6 Tips for Presenting a Persuasive Settlement Proposal

Your case is ripe for settlement. How do you bring all the disparate elements – the facts, the evidence, the legal arguments – together in one persuasive settlement package? Here are 6 tips from veteran insurance insider, Joseph Vaccaro, excerpted from his book, Negotiating With Insurance Companies: 1. Remember your audience. Imagine a claims adjuster […]