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The Trial Lawyers Notebook 2017-11-19T14:39:46+00:00

The Video Taped Deposition

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 transcript? What purpose does videotape [...]

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 you almost feel like the [...]

Juror Questionnaires

By MICHAEL MAGGIANO, ESQ. Jurors believe that they can be impartial. Unfortunately, we have learned all too many times that they are not. They receive facts through the filter of their prior life experience. The fact that jurors bring their beliefs and expectations to the trial is not necessarily a bad thing. The jurors are there to serve as the [...]

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 jurors’ full attention and [...]

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, now he's out of luck, [...]

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 better witness? What baggage does this [...]

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 folks in the group talking [...]

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 and the provocative powers of [...]

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, you have to look, act [...]

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 following questions: Who is the [...]