In our years of preparing witnesses, if there’s one thing we’ve learned, it’s this: there’s no one-size-fits-all approach. Each witness presents his or her own unique challenges. So although there are certain things we can and should do, it’s important to admit up...
www.doar.com The Constitution protects our right to an impartial jury. But actually producing an impartial jury from among our peers can be challenging, especially given how attorneys and judges are trained. We often think that the purpose of voir dire is simply to...
America’s legal system is not perfect. But if we’re being honest, what system is? Moreover, even if there existed a perfect system, imperfect men and women would be responsible for its discharge. This would all but guarantee its inevitable demise in the absence of...
Ironically, the question, “Is arguing a virtue or a vice?” can only be answered by arguing whether or not arguments are a virtue or a vice. So it seems clear, at least initially, arguing must be a virtue, assuming of course it’s done in a principled way. Besides, how...
Many individuals take up positions that are self-defeating. For lawyers, identifying self-defeating arguments can be advantageous in quickly and effectively resolving a case. To illustrate, how often have we heard the argument “there is no truth?” Many, in fact,...
