Trial Theater, LLC

In the Perry Mason TV show, every episode had a title. That quick and easy shortcut let the viewers know what the case was about, and helped them quickly and easily understandwhy Perry was involved...

How you organize your facts can determine whether or not the jurors listen to your witness. Too often, lawyers think that they can dump a pile of facts on the jurors and expect them to reach the correct verdict. In reality, facts by themselves aren’t enough to win your case...

If you’re a trial lawyer, you’ve surely heard of Francis Wellman’s classic treatise, “The Art of Cross-Examination.” I managed to get my hands on it and wanted to give it to you for free, so go to to www.TheArtOfCrossExamination.com to read your copy online or download a copy today! S

There’s nothing more frustrating for a trial lawyer than having to deal with an obnoxious trial lawyer for an opponent. Even the simplest of cases can become a nightmare when you’re dealing with a jerk...

After three years of law school, you’re expected to be a wordsmith. You make your living with words, so it’s important to choose your words carefully when speaking to judges and jurors...

Do you know what the most dangerous word in your vocabulary is? You say it all the time. It’s the most commonly used word in the English language. If you listen to any conversation, especially conversations between lawyers, you’ll hear this word more often than any other...

If you try enough cases, you’ll eventually get your hands on “It.” “It” is that amazing piece of evidence that makes or breaks your case...

Judges are just like everyone else: They hate to be told, “You’re wrong.” In fact, some judges are so afraid of having their rulings overturned by the appellate courts that they’ve decided to take an easy way out: They’ve stopped making rulings...

Imagine that you’re being audited by the Internal Revenue Service and need to hire an accountant. Since this is such an important decision, you’re going to do a diligent search for the most qualified accountant in your area...

It was a paper-intensive trial, one of those cases where the phrase “Plaintiff’s Exhibit #2,598,124” doesn’t seem to shock anyone. Because the stakes were high, it was a well-financed operation, and both parties brought a lot of technology with them...

When was the last time you watched someone else try a case? Have you ever snuck into a courtroom and watched your opponent present a case? If not, let me recommend you jump at the opportunity to watch someone else pick a jury and present their case...

You are a professional communicator. It’s your job to speak on behalf of your clients and ensure that their voices are heard. But what happens if you’re too nervous to properly present your client’s case...

Every judge I’ve practiced before seems to have a different take on how the jury instructions should be prepared. Some judges ask the plaintiff to prepare draft copies of the instructions and the verdict forms...

Whether you like it or not, jurors will judge you based upon their first impressions. Your first impression determines whether the jurors will listen to you, how much they’ll like you, and whether or not they’ll find you credible...

The fewer obstructions between you and your jurors, the more persuasive you will be. Yet many trial lawyers purposely place an obstacle between themselves and their jurors. That obstacle? Their notes...

“You’re not even listening to me!” It wasn’t the first time I’d heard that phrase. I’m sure it won’t be the last time I hear that phrase, either. And candidly, no, I wasn’t listening to her...

Have you ever found yourself “on the spot,” forced to respond to difficult questions...

Have you ever had juror responses like these? “I can tell just by looking at him that your client is guilty.” “All corporations are evil.” “I think all personal injury lawyers are money hungry ambulance chasers.”...

It was one my earliest cases as a newbie prosecutor. It was a D.U.I., so I knew it would be a one day trial. We’d picked the jury that morning and had already presented our opening statements, so we were returning after lunch to start testimony in the case....

If you represent individuals or small businesses, business has probably slowed down in the last week or so, hasn’t it...

Whenever an attorney asks me to help them with their opening statement, I usually ask them a series of questions to help assess the true value of their case: Question #1: “What do you like about your case?” It sounds like a silly question, but it’s actually quite important...

Courthouses vary from county to county, and courtrooms vary from courthouse to courthouse. But for the most part, the tables inside those courtrooms are pretty consistent...

It was a great weekend. I flew out of town Friday morning to spend the weekend with three of my best friends in Nashville, Tennessee...

How many notes do you use during trial? It’s a delicate balancing act. Too few notes, and you run the risk of forgetting to address an important element of your case. Too many notes, and you risk sounding scripted...

Every day, lawyers blatantly lie to potential jurors during jury selection. In courtrooms across the country, they repeat the exact same lie. You’ve probably heard this lie repeated in open court, and there’s a good chance you’ve said it yourself. So what is this oft-repeated lie...

With language, it’s not just the words you use, but the order they’re placed in. By changing the syntax, you can radically alter the meaning of a phrase. For example, look at these two phrases: #1: You are not as pretty as she is. #2: She is not as pretty as you are...

How many times did you testify during your last trial? According to the Federal Rules of Evidence definition of “testimony”, your official answer should be zero...

How do you structure your closing arguments?  If you’re like many attorneys, you probably take advantage of primacy to start strong and tell the jurors how strong your case is and show them why you deserve to win.  Normally, that’s exactly how I coach law students and trial ...

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Can I ask you a quick favor?  I’m trying to improve these courtroom tips and make the site more valuable for my fellow trial lawyers. To do that, I need to know what type of courtroom problems you’d like me to write about and what type of trial skills you’d like to improve...