On admissibility: try to get business records introduced before trial

Article Abstract:

Two strategies can be employed to get business record evidence admitted in instances where opposing counsel might wish to object to foundational evidence. If opposing counsel objects, Rule 104(c) of the Federal Rules of Evidence can be used to note that foundation arguments are not bound by the rules of evidence. Rule 406 can be used to assert that foundational testimony of habits and routine practices is relevant to prove that practices were followed. The best strategy is to avoid such problems through pretrial admission of evidence via a request for admission or motion in limine.

Management, Evidence (Law), Testimony, Business records

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Mongo on the loose: following primitive instincts can lead to traps in the courtroom

Article Abstract:

Trial attorneys must take care to control their primitive reactions and the tendency to take comments by the judge or opposing attorneys personally if they want to be successful. It is essential to convey that the facts are valid rather than that the attorney is skilled. The primitive instinct will lash out when censored and is likely to promote the use of flashy techniques and arguments even when they can undermine the jury and judge's impression of the attorney.

Psychological aspects, Analysis, Attorneys, Ego (Psychology)

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Art of the argument; beyond the shouting

Article Abstract:

Listening is the most essential skill for a trial attorney. An attorney who listens will appreciate the significance of both verbal and nonverbal communication. Words are usually chosen unconsciously and the syntax, tone and inflection with which they are delivered can sometimes provide more insight than the words themselves.

Forensic oratory

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