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For six months now, the legal work I normally do has experienced a massive change. As a litigator, I routinely attend court, mediations, and depositions. With the COVID-19 pandemic, most [...]

Trial lawyers' increased use of neurolinguistics (NLP) is discussed. Most people are visually oriented in their learning, which has led to an increased use of graphic evidence and in trial consulting. NLP techniques include anchoring, mirroring and matching.

Computer technology is changing the way law is practiced in and out of the courtroom. Lawyers need to be prepared for the change. Techniques for good lawyering haven't changed much [...]

History records a conversation between Socrates and one of his pupils in which the philosopher observed, "Thealtus, I notice that you think a lot." The student paused, then responded, "No, [...]

Widespread calls for jury reform range in ambition from more courtesy for jurors and broadening the jury pool to allowing nonunanimous verdicts and permitting jury questions and debate during the trial. In 27 states the bar assn or the courts are studying potential improvements in the process. A streamlined voir dire process with fewer peremptory challenges could result, but note-taking by jurors, greater use of plain English, and mini-summaries after key points by litigators are virtually guaranteed.

Federal courts and some 11 state courts record court proceedings with video recording systems. Judges and attorneys using such a system must be record-conscious and identify themselves whenever they speak. The same holds true for witnesses. Viewing a tape is time-consuming for appellate judges, which has prompted some courts to require hard-copy transcripts in appeals. Video technology makes available out-of-state expert witnesses, enables witnesses to testify in court without being physically present, and provides better access for hearing-impaired litigants and jurors.

Computer graphics can be a valuable enhancement to trial practice. This technology enables the lawyer to show videotapes of depositions, simulate and reconstruct accidents, use anatomy graphics to show the nature of injuries, and to call up and show evidence using multimedia techniques. Products by such companies as Apple Computer, Multimedia Legal Services, and ADAM Software, Inc making possible various aspects of this technology are reviewed.