We knew the case was tough. Taking on the employer in a tiny county is difficult. Our case made that look easy. The witnesses seemed to be going in well though. Granted, our client was hit with a couple (read significant) inconsistencies. But the defense lawyer’s approach—scorched earth—seemed to alienate a few members of the jury. Given the evidence, the...
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I watched the exchange from down the hall. I wasn’t quite sure what was wrong – a missing exhibit, exam outline, witness, or the lead attorney’s favorite pen. Obviously the second seat had done something that the lead felt was an error. The muted acidity in his tone virtually stripped paint from the hallway wall. “That’s going to improve the...
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Some time ago I was asked to help a lawyer with his first jury trial. He finished voir dire, opening, a cross-examination of a corporate witness under Evid. Code section 776. All were masterful, textbook. You could tell he practiced and studied. The next witness, late in the day, was a direct exam of a percipient. The defense lawyer, a...
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Vision Zero and the idea that we can do a better job for everyone on our streets by reducing fatalities and injuries There’s a music video that made the internet rounds titled “I’m on a M-Fing bike.” (You can see it on Youtube here – note that its language is not edited.) It is a tongue-in-cheek portrayal of hipsters and…
Turning surveillance video to your client’s advantage We were packing the last box for the trip up to Placer County when it arrived. Sub rosa [1], or surveillance, video of our client. We stopped packing to review it. Ten minutes of video shot over two separate five-day periods. Our client, with a neck injury, exhibiting a full range of motion...
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Successful lawyering requires many different skills The jury panel sat in the box, in rapt attention. The man talking was one hell of a defense lawyer. Old school, pre-discovery act. He told stories – none of that computer slide show crap – and jurors listened. The plaintiff’s lawyer was nervous – as one should be when you dance with the...
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Understanding bicycling experts in the context of urban riding’s evolution The plaintiff’s lawyer sat in the conference room, hoping the expert would eventually answer her question. “I’ve been doing this for over forty years,” explained the bicycle expert in a condescending way, barely omitting a “little lady” at the end. “And during that time we’ve trained vehicular cyclists to…” The...
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