By: Michael Maggiano and Daniel LaTerra I. Introduction A picture is worth a thousand words. Yet the majority of depositions are just black words on white paper. However one may question videotaping a deposition. Many of my colleagues ask why potentially risk exposing your client to visual scrutiny that would be unseen by a written …
Jury Management in the 21st Century
By MICHAEL MAGGIANO, ESQ. After years of hard work, research and considerable capital investment your case is ready for trial. It is now time for jury selection. This 12 good and true have to be carefully selected for a fair trial to take place. All to often we are confronted with a rushed situation where …
Tips for Engaging Jurors
“Jurors have already made up their mind after opening statements.” All trial lawyers are familiar with this popular myth. And in the middle of a trial—especially an expensive, high-stakes one—it can be rather disheartening to think the jurors have already made their decision. But there are certain strategies and techniques that can ensure you have …
The Psychology of Juror Persuasion
Is Anyone Listening? The Psychology of Juror Persuasion By Michael Maggiano Fellow, American College of Trial Lawyers Certified Civil Trial Attorney Supreme Court of New Jersey National Board of Trial Certification “Anyone Listening” Far below beneath a burning hot sun, our civility’s waking up, hate your neighbor cause he’s not your kind, fell out of favor, …
HOW TO PREPARE YOUR WITNESS FOR DEPOSITIONS
By MICHAEL MAGGIANO, ESQ. STEP ONE: TAKE A TOTAL WITNESS ANALYSIS. Why is this witness important to your case? Where does their testimony fit? What case theme is enhanced by his testimony? What point of law or issue of fact is established by his or her testimony? Why am I presenting this witness? Is there a …
The Benefits of Using Focus Groups in Pre-Trial
By Michael J. Maggiano, Esq. I am a believer in focus groups. I do them early pre-suit to learn about my case by presenting my fact scenario and then asking: What do you think? What else would you like to know? Then I will go into questions on responsibility. The key is to get the …
APPROACHING WITNESS EXAMINATION
EVIDENCE WITH IMPACT: A Practical Approach To Witness Examination By MICHAEL MAGGIANO, ESQ. TRIAL TECHNIQUES Each and every one of us, as a trial lawyer, has the ability, the power and the talent to conduct a winning direct. Our goal is to work together in focusing in on the key elements of direct witness examination …
DEFUSING THE DEFENSE IN THE OPENING STATEMENT
THE PREMISES LIABILITY CASE By MICHAEL MAGGIANO, ESQ. There is more to Opening Statements than just telling what the case is all about. A tremendous amount of things have to be accomplished in a short period of time. You have to somehow establish yourself as credible. You can’t stand up and say, I am credible, …
Cross-Examination of the Opposing Medical Experts
Preparation and Discovery for Cross-Examination of the Opposing Medical Experts at Trial by Michael Maggiano Developing a good cross-examination begins long before the eve of trial. Frequently Asked Questions: Q. How do you determine whether to depose or not depose the defense medical expert? A. You cannot answer that question until you have answered the …
Communicating in the Courtroom – The Curse of Knowledge
From Body Language to Computer Simulation By Michael J. Maggiano, Esq. It was a warm mid-spring afternoon, some 15 years ago. I had just finished a personal injury case and I was finally feeling the effects of the two-week trial. As I slowly packed up my message and story boards, medical charts and anatomical models, …
Adding Persuasion & Power With Video
If a picture is worth a thousand words, a video is worth a million. It is critically important to control the way evidence is presented during trial, and a well-made video will make your argument all the more dynamic. Video presentations speed up trial proceedings, and they appeal to the different learning styles of the …
Section 40 Liens, Workers’ Compensation and Third Party Prospective – What Does Dever V. NJM Really Stand For?
Christopher DiGirolamo will speak on this topic at the New Jersey Association for Justice Educational Foundation’s Meadowlands Seminar Case law is constantly evolving, and these shifts can have major implications for attorneys throughout the state—and even the country. The decision in Dever v. New Jersey Manufacturers Insurance Company, however controversial, carries significant weight for lawyers …
Is Anyone Listening? Tips for Engaging Jurors
“Jurors have already made up their mind after opening statements.” All trial lawyers are familiar with this popular myth. And in the middle of a trial—especially an expensive, high-stakes one—it can be rather disheartening to think the jurors have already made their decision. But there are certain strategies and techniques that can ensure you have …
Cross Examination and the Rules of Analysis
Cross-examination of the defense expert may seem like an intimidating part of the trial process, but in reality, it can be a great opportunity for you and your client. Planning well in advance, seeing the big picture of the trial, and conducting an effective cross-examination of the defense expert can give your case a tremendous …
Hotel & Motel Owners Have Responsibility Over Guest Security
Investigative and Litigation Issues Involving Hotels and M0tels in Inadequate Security By MICHAEL MAGGIANO, ESQ. INTRODUCTION When a potential inadequate security case against a large hotel or motel chain comes to your office, you must marshall all of your professional and a sizeable portion of your economic resources to successfully litigate the victim’s cause – justice! UNDERSTANDING THE …
Why Everything Matters: You Are Selling Every Moment
By: Michael Maggiano We are “selling” ourselves every moment. The question presented is what and who are we selling. Are we only merchants in a market place? If that is all we are, then we fall far short of our aspirations of professionalism, and, we serve far less of the public than we would and …
Motivating the Modern Juror: Video Taped Testimony
Motivating the Modern Juror to Create a Video Taped Testimony It is a question that many people may have who work in the court of law: How do we motivate the modern juror? Michael Maggiano has set out and posed many questions that answer just this, and many more fundamental questions dealing with modern day …
New Jersey Law Column
MDL Column: Chicago Bar Association
Preserve Evidence and Take Photos
If you have been involved in an accident or injury caused by the carelessness of another person, then you may be able to hold that person liable. Preserving physical evidence of the accident and injuries may help your case greatly if you decide to pursue one in the first place. After an incident occurs, it …