November 01, 2015

Trial Elegance

Robert Feinberg
From From the Trenches: Strategies and Tips From 21 of the Nation's Top Trial Lawyers, Chapter 2
Courage is being scared to death, but saddling up anyway.
—John Wayne

The Rug Pulled Out on Opening Statement

Years ago I tried a medical negligence case that began with a twist. Trial preparation had been intensive. The plaintiff was alleging millions in damages. The client was nervous and high maintenance. Months of planning and careful thought had gone into trial strategy. My opening statement was carefully crafted. We engaged a special team of jury trial consultants earlier in the trial preparation process to help us conduct a few mock trials and develop and refine our trial themes. Much of my opening statement was taken from what we had learned from those mock trials.

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