Targeting Safetyism in Defense Voir Dire | Episode 71
The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti
JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers
Podcast - Are Real Trials Just Like the Movies?
Podcast - Borrowing and the Art of Trial Advocacy
6 Things To Consider Before Litigation
Trial Advocacy in the Modern World
This Extraordinary Process Called "Trials"
In Closing Arguments, Don't Forget to Ask
Getting Rid of Clutter in the Closing Argument
Leyes y Leyendas: 7 Juicios que cambiaron la historia
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Impeaching with a Deposition
Digital technology is an integral part of today’s legal industry. The last 10 years have been transformative for the practice of law with strides forward in everything from legal research to practice management to trial...more
While we may have passed through the worst of the global pandemic, it has unquestionably left a deep and lasting impact on our personal and professional lives. Restrictions that left everyone housebound for months on end...more
Like the continuing need to have a ‘pocket mask’ in many places, the online judicial meeting or hearing has become an accepted fact of almost-post-pandemic life. But, chances are, the remote hearing will last longer (knock on...more
As courts continue their uncertain transition from a Covid to a post-Covid stance, the word from many is that the Zoom hearing is the pandemic adaptation that is most likely to become a normal feature of litigation going...more
With Zoom now as common as email, we can find ourselves inhabiting the four corners of a glowing screen more often than we’re inhabiting an actual office or meeting room. Status calls, strategy meetings, witness preparation...more
Courts over the past year and a half have moved with unprecedented speed into unorthodox territory, exploring ways to conduct trials, or portions of trials, via remote videoconferencing technology. In that setting, perhaps it...more
When you’re dealing with testimony, argument, or any other form of communication, it is easy to assume that you’re getting less when it is distanced. In a remote conference or any Zoom-like experience, it seems that the...more
As the 2021 pandemic year winds to a close, while the 2022 pandemic year waits in the wings, it may be a good time to take stock of changes in legal procedure brought by the pandemic. Given the persistence of needed social...more
Even as things are fitfully returning to a post-pandemic normal (perhaps against the current COVID Omicron variant-driven medical advice) one feature of the last 21 months seems to be lingering: the Zoom conference. In legal...more
While firms are making decisions about getting back to the office post-pandemic, it appears that video collaboration and presentation is here to stay. At a recent Judges Panel during Relativity's annual conference, it was...more
Legal professionals and commentators have rightly extolled the benefits of the massive shift in the legal work environment. Almost overnight, the practice of law went virtual. As we head into 2022, the legal profession and...more
For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark...more
Arizona may not be the model when it comes to partisan post-election audits. But when it comes to online or virtual trials, the “Cyber Ninjas” in that context seem to be doing much better. In the Grand Canyon state’s most...more
The jurors assemble and begin watching the trial — not the actual jurors but the shadow jurors, the ones who are recruited by one side, matched to the real jurors, and offer feedback on the trial as it comes in. They watch...more
During the past year or so, when clients have scheduled witness meetings or focus group and mock trial research, we will at some point get to the common question: “So, are we doing this in person or online?” Increasingly, it...more
The courtroom is a special place, and there are both symbolic and substantive layers to that special status. At the symbolic layer, there are the physical trappings of the courtroom: dark wood, granite, columns, raised...more
There are two theories fighting it out over what will happen once the pandemic fades. The first, — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more
A courtroom process is supposed to be formal and solemn. The habits of delivering justice in person, through decorum and civic ritual, are designed to evoke a deference to the rule of law. When conducted remotely using a...more
As courts across the country begin resuming jury trials, litigators returning to in-person proceedings must be prepared for the myriad logistical considerations brought on by the COVID-19 pandemic — from mask-wearing and...more
With the extended pandemic restrictions and the resulting court backlogs across the country, we have moved tentatively into the world of online trials and hearings, with participants joining from different locations. In that...more
If evidence is to be given remotely, via video link, from another country, be sure to check that this is permitted by the laws of that country. ...more
“We have a verdict!” The familiar cry from the court officer echoes through the empty hallways of the Middlesex Superior Court in Woburn as I sit alone trying to focus on accumulated emails. Scrambling to my feet, I...more
The courtroom trial is one setting where lawyers feel they can sometimes dial up the dramatic delivery. In the hands of some, that liberty can lead to an overbearing style. One question with the newer Zoom environments is...more
Over the course of 31 days from September 9 to December 2, I participated in a complex and document-intensive contested case hearing before an administrative law judge – entirely by WebEx. Seven lawyers represented the 26...more
On March 9, 2021, Bressler, Amery & Ross, P.C. hosted its inaugural Hearings in Review webinar on The New Age of Virtual Trials. The panel featured Richard Berry, Executive Vice-President and Director, FINRA Dispute...more