ABA Litigation Section的动态

So many notorious trails, so little time. This class will remind the lawyer about the true essence of being an attorney. We go back in time to review the most significant, precedent-setting, cultural-impacting cases over the last several millennia. We look at the trial strategies, the issues involved, the outcomes, and how those cases can make you a better lawyer today. https://lnkd.in/gWFJsGzr

Often, the priorities of clients, attorneys, and witnesses differ. Without understanding this, you may be setting your case up for failure. Ava Hernández & Steve Wood, Ph.D. discuss this topic in their latest Law360 article:?https://bit.ly/3UsPXqb #litigation #corporatelaw #witness #deposition #attorneys

Consistency in litigation is the cornerstone of success. It ensures that legal arguments are presented coherently and strategically throughout the case, reinforcing the credibility of the advocate and the strength of the case. By maintaining a uniform approach, inconsistencies are avoided, making it easier to persuade the court and counter opposing arguments. Consistency also helps in building a solid narrative, which is crucial for convincing the judge and jury, ultimately increasing the chances of a favorable outcome.

In order for a lawsuit to qualify as a class action, several criteria must be met: -The class size is sufficiently large that it would be impractical to join each individual plaintiff, with some courts setting a numerical requirement of at least 40 plaintiffs. -Each case among the individual class members shares common questions of both law and facts. -The claims presented are typical, generally reflecting the same legal issues. -Plaintiffs must demonstrate common interests in the case's outcome, ensuring their representation aligns with collective objectives. These requirements aim to streamline litigation for efficiency and fairness, particularly in cases where powerful defendants may resist individual claims. Learn more, https://lnkd.in/g5WweMrD #MilianLegal Group #ClassAction

3 of 4 trial judge panelists speaking today at the ABA Litigation Section Annual say they do not like having oral argument. This includes both state and federal judges. I understand the desire to move cases along, but I think if we do away with oral argument of motions, we will see a decline in trial and appellate practice across the board. Most civil attorneys only argue motions with any frequency. Trials are increasingly rare. Oral argument requires precision of thought, preparation, confidence, and skill. Those skills will deteriorate without practice. At risk is the quality of the judicial system.

In bet-the-company litigations, the “you explain too much you lose” principle is paramount. The quickest way to lose a jury is with overly complex and long explanations of the claims or defenses in the case. Factfinders are human and need to make sense of a detailed set of facts. Therefore, a good trial lawyer knows that it is not enough to be right on the law if the story is not compelling. ? In this article for Bloomberg Law, David Lender, Eric Hochstadt, Luna Barrington and Sarah Ryu discuss how the mock jury exercise is a powerful tool for trial preparation that, if used correctly, can help litigants and their counsel better assess – and in turn, enhance – the strength of their arguments, witnesses and overall case presentation. ? Read “Making the Most of Your Mock Jury Exercise” – https://lnkd.in/egjnZqU2 ? #MockJuryExercise #MockTrial

Aggressive trial time limits have the potential to interfere with the jury process, so the SJC’s more nuanced ruling ensures that trial judges impose limits “carefully, thoughtfully, and after consultation with the parties.” Attorney Michael Shepard shares his insights on the ruling in the Law360 article below. Read the full article here [??]: https://lnkd.in/e9s_-wXW #TimeTrialLimits #LegalInsights #SJC

Be authentic.?? ? Jurors, judges and witnesses likely don’t trust us immediately. ? The Plaintiff’s trial lawyer has the worst of reputations. ? ?Trials lawyers need to earn the trust of strangers rather quickly.? ? Earning strangers’ trust is impossible unless the strangers believe the trial lawyers’ authenticity and believe that they speak the truth.

Meet the New Judge-Elect: Here's What Lawyers Can Expect

Calling all civil litigators! Here is a lunch and learn about what to do with multiple defendants that you can’t miss!