Trial Lawyer Confidential

In This Episode:

I pull back the curtain on defendants testifying on their own behalf. We explore the myths surrounding why a defendant would choose to testify or choose not to testify. There are a variety of factors that lawyers use to decide whether to call their client as a witness. Some have to do with the charges, some with the client himself and some even have to do with the prosecutor assigned to the case.

In high profile cases, the pundits play armchair quarterback, lauding or mocking other lawyers’ decisions to call their clients to the stand, but the reality is, it is nearly impossible to second guess the decision of the trial lawyer. He or she alone is armed with the necessary information to make that call and the facts from inside a case are often much different than the facts available to outside commentators.

TRIAL LAWYER MENTOR Quick Tip:

The process for deciding which witnesses to call to the stand can be helpful for anyone putting together a compelling argument or persuasive presentation. Learn how to use the same factors to keep your presentation focused and move your argument forward.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial.

Download AUDIO here (MP3)

In This Episode:

I pull back the curtain on the Presumption of Innocence. A defendant in a criminal case is presumed innocent unless and until the prosecution proves his guilt in a court of law beyond a reasonable doubt.

I discuss the law applying to the presumption, why the court is required to instruct the jury on it, as well as the origin of the concept and the ways it is sometimes eroded in courtrooms across the country. I also answer the question about why it is necessary to apply the presumption of innocence even in cases where the guilt of the accused might seem patently obvious.

TRIAL LAWYER MENTOR Quick Tip:

I offer tips for making your point in any persuasive presentation with the use of analogy and why its so important for the analogy to be dead-on to the point you are making as well as topical to your audience.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter that offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download Audio here. (MP3)

In This Episode:

I pull back the curtain on the legal rulings that result in cases being dismissed on a technicality. When a case is dismissed on a technicality in the criminal justice system, it usually means that a court has determined that the evidence sought to be used against the defendant was obtained in violation of his constitutional rights.

The disallowance of this evidence is the product of the exclusionary rule. This is the remedy the courts have fashioned for constitutional violations. Hear the history of the rule and why it became necessary to fashion this remedy for the flagrant violations of citizens rights.

TRIAL LAWYER MENTOR Quick Tip:

A brief discussion on the power of naming and defining themes on your terms.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial.

Download AUDIO here (MP3)

In This Episode:

I pull back the curtain on Circumstantial Evidence. Learn the major misconceptions about circumstantial evidence and how defendants and the general public often underestimate the power of this type of evidence in a trial. We will explore some high profiles cases over the last several years that were based mostly on circumstantial evidence such as: Casey Anthony, Robert Blake, Scott Peterson, OJ Simpson and another recently arrested professional athlete.

TRIAL LAWYER MENTOR Quick Tip:

Tips and strategies for finding several different ways to explain a complicated concept to your audience or jury. When an important point is somewhat complicated, the more options you give your audience to learn that concept, the more likely it is they will understand.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial.

Download AUDIO here (MP3)

In This Episode:

I pull back the curtain on the legal standard of proof: Beyond a Reasonable Doubt. It is the highest burden of proof in the American justice system and reserved only for trials where life or liberty are at stake.

I discuss the other standards proof in the legal system: Preponderance of Evidence and Clear and Convincing Evidence as well as the origins of the burdens of proof and how their definitions continues to evolve.

TRIAL LAWYER MENTOR Quick Tip:

I offer tips on how the use of very specific examples can help you be more compelling and persuasive in your next trial, speech or presentation.

LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter that offering in depth tips and strategies for mastering the Art of the Jury Trial.

Download AUDIO here (MP3)