How do you prepare a witness to testify at trial? That seems like a fair question; but what’s the best way to do it? It seems like there are as many different answers as there are people to answer it. Everyone knows that when you have a trial, you need…
Trying cases in New York is fun; not the everyday let’s have a good laugh fun, but an exhilarating, team play, goal accomplished, touchdown, kind of fun. Dealing with jurors is a big part of the job: selecting them; persuading them; deferring to their decisions. Trial work and jurors: you…
What does a trial attorney do and what does it mean to be a trial attorney? These two seemingly simple questions, with their seemingly simple answers, actually go a long way towards uncovering some of the most common misperceptions about one of the most passionate, and arduous, fields in law.…
The rules regarding expert’s disclosure in New York, concerning when a Plaintiff or Defendant has to disclose to its opponent an expert witness that it intends to testify at trial if it hopes to use the expert’s affidavit in support of or opposition to a motion for summary judgement, might…
The rules governing the use of expert witness affidavits to oppose, or support, motions for summary judgement in New York, especially in the Appellate Division, Second Department, often are misunderstood. There are cases in which the trial court does not consider an expert’s affidavit because the party that tries to…
There is no shortage of trial attorneys in New York, or around the country. What makes a good trial attorney, however, is open to debate. How to become one is even more difficult to define. Is it something you can master through hard work and perseverance; is it something you…
Did you ever wonder what makes a trial attorney? Trials are strange, unique things that everyone seems to have an opinion on: An opinion on the outcome, the evidence, the witnesses, the jurors, and the lawyers; especially the lawyers. They did a good job; they did a bad job; can…
Trial practice is well-named; it involves a large amount of practice. How you practice and prepare, though, is often just as important as whether you do so at all. As any trial attorney will tell you, preparation is important. A trial attorney will map out what he wants to say…
In our last article, we spoke about expert witnesses and how they play an important, if often misunderstood, role in trials in New York. Their main function is to provide opinion evidence about important issues that may be beyond the understanding of the average person, because of the specialized skill…
Trials are fascinating. People love to watch them. Crime dramas, police stories, and shows that feature the ins and outs of a law firm, and the lawyers that make it work, have filled prime time TV for generations. Just about everyone has their favorite. Trials, which form a big part…