“Line!!” When Your Witness is Too Prepared

Recently, I observed the direct examination of the plaintiff’s first fact witness when I was representing the defense. Within minutes, it became clear the fact witness’ direct had been highly scripted. You are probably wondering, “So what? Aren’t most direct examinations scripted to guide the witness through his/her testimony?” While that is true, this examination […]

Jurors’ Evaluation of Financial Industry Defendants During a Recession

Slowly coming away from the most recent recession, almost all Americans have found that they’ve been affected by the slumping economy in some way or another. Interested in examining how the past six years has affected juror bias, Litigation Insights conducted a nationwide survey of mock jurors to assess their attitudes toward banks, financial institutions […]

Voir Dire Strategy: Sacrificing Your Queen

In chess, your queen is a valuable piece that you want to protect, but there are times when strategically it makes sense to sacrifice your queen to gain a tactical advantage. The same can be true during attorney-conducted voir dire. There are times when it is very clear that a juror is the best juror […]