Romano Law Group的动态

Stop Blaming the Jury As trial lawyers, we’ve all been there—a verdict that didn’t go our way, and it’s tempting to point fingers. Some blame the jury, calling them “irrational” or saying they “just didn’t get it.” But that mindset is not only unfair—it’s unproductive. In my experience, jurors take their responsibilities seriously. They sacrifice their time, listen carefully, and engage in the hard work of weighing evidence and making decisions. They may not have law degrees, but they bring their life experiences, common sense, and collective wisdom to the courtroom. If we don’t like the outcome, the problem usually isn’t the jury. It’s either the facts or it is us. Maybe the facts just weren’t on our side and the jury got it right. Maybe we could have done a better job presenting our case. Did we simplify the evidence? Did we connect with them emotionally and explain the “why” behind our case? Did we overcome biases and give them the tools to fight for justice in deliberations? Blaming jurors for a loss ignores the real issue: trial advocacy is about communication and connection. It’s not the jury’s job to figure out our case—it’s our job to make it clear and compelling. Instead of criticizing jurors, let’s take ownership of the result.

Training and cultivating younger trial lawyers and trial teams, and arming them with experience and opportunity is a challenge, but not insurmountable. It is a must in this environment for trial team depth. Giving younger lawyers an opportunity to take the lead at judicial conferences and taking witnesses on lower exposure cases are two keys in my opinion. Additionally, and equally, if not more important, having experienced female lawyers as lead trial counsel, in any case, is vitally important and a priority as something we are working towards, daily.

Bertram & Murphy partner Catherine "Katie" Bertram will be presenting to the D.C. Bar on witness preparation and effective direct examination on January 15, 2025. Her presentation is part of a four-series focused on navigating the various aspects of trial practice. ? Katie will discuss how well-prepared witnesses and persuasive direct examinations (or lack thereof) can make or break your case at trial. She will cover the task of preparing witnesses to testify credibly at trial. She will also examine techniques and strategies for effective direct examination, maximizing the witness’s potential, minimizing their weaknesses, and how to start out right and finish strong at trial. ? Eligible registrants can learn more at the link below:

Laying the Proper Foundation for the Admission of Evidence: A Guide for Minnesota Trial?Attorneys

The first rule about trial work— You have to expect the unexpected. Trial conditions will change without warning. Jurors get excused partway through trial due to family emergencies. The judge's scheduling conflict delays your trial proceeding. A key expert scheduled to take the stand tomorrow can no longer make it, so things need to get rearranged. This uncertainty is inevitable. It comes with the territory. But I never want to be caught off guard by something I should have been ready for. These are 3 things I do to avoid unwanted trial surprises: 1. I immerse myself in the case as far ahead of trial as possible. Toni and I begin our preparations with trial in mind almost immediately. Wrapping our minds around everything takes time, so we start early. 2. I read everything—every record, every deposition, and every filing. 3. I clear my schedule for a period of time ahead of trial. I give myself time to cerebrate over the case, as Chris Finney likes to say. This means leaving the last week before trial free to think about different aspects of our case: ? jury selection ? my opening or closing statements ? any key cross-examinations. Cerebrating has become key for me. Expecting the unexpected was one of the biggest things I learned when I joined my Dad's firm out of law school. You will get curveballs thrown at you during trials. How well you adjust to them will be determined primarily by how well you prepared before you stepped into the courtroom.

Don't miss this great opportunity to gain valuable insights on the topic of voir dire - a critical aspect of trial, but one that attorneys don't often get the opportunity to practice. Sign up today @ caoc.com/events #CAOC #SMCTLA #Trialskills #MCLE #Legaleducation #sanmateocounty

In our new article about preparing for trial with in-house counsel, we went straight to the source—our expert authors are a firm attorney and in-house counsel team. Our experts address the importance of working collaboratively in developing trial themes, selecting trial witnesses, and choosing trial documents. At trial, in-house counsel’s knowledge of the client and relationships with stakeholders partnered with trial counsel’s experience and breadth of knowledge is sure to make it if you try. bit.ly/42rFyyL

In our new article about preparing for trial with in-house counsel, we went straight to the source—our expert authors are a firm attorney and in-house counsel team. Our experts address the importance of working collaboratively in developing trial themes, selecting trial witnesses, and choosing trial documents. At trial, in-house counsel’s knowledge of the client and relationships with stakeholders partnered with trial counsel’s experience and breadth of knowledge is sure to make it if you try. https://bit.ly/3Z8hoaR

In our new article about preparing for trial with in-house counsel, we went straight to the source—our expert authors are a firm attorney and in-house counsel team. Our experts address the importance of working collaboratively in developing trial themes, selecting trial witnesses, and choosing trial documents. At trial, in-house counsel’s knowledge of the client and relationships with stakeholders partnered with trial counsel’s experience and breadth of knowledge is sure to make it if you try. https://bit.ly/3Z8hoaR

Looking forward to the Trial Lawyers University Conference in Las Vegas, October 16-19th. Join my discussion on 'Post-Truth Deciders in the Box,' where we'll explore how you can align your case story with jurors’ unspoken assumptions and how they differ from ordinary biases. After 40 years of specializing in perception and persuasion, I’m looking forward to sharing tools that can reshape your trial development and delivery strategies. Then, over the next two days, I'll be presenting on a topic of serious concern to trial lawyers hoping to reach and influence legal decision makers today. That is our collective talent for paying attention and just how impaired it has become. Jurors can't recall and review what they don't receive. Learn what you need to do about this growing obstacle to engaging with every mind in every courtroom. Thinking about joining? https://tlulive.com/ Find my previous discussions : https://lnkd.in/gHZJAHRH ?#TrialConsulting #VoirDire #JurySelection #TrialStrategy #CasePresentation #LegalCommunity #LegalProfessionals #TrialLawyersUniversity #TLUConference #TrialLawyers2024 #TrialConsultingPanel #TLUVegas #TLULive #Vegas #MetasystemsConsulting