Reflection, March 1, 2017
During my morning run, I reflected on criminal and civil jury cases I tried decades ago. I though about how much I concentrated on what I perceived as brilliant and persuasive cross-examination and oral argument and how little emphasis I placed on documentary exhibits and written jury charges. On reflection, I got it backwards. Today, I would concentrate on written persuasion without neglecting oral persuasi… Read More
Thomas F. McDow
Any time I ask, “why”, the least satisfactory answer is “Because that is the way we have always done it.” I want to know why that is the way we have always done it.
Today’s question is why do lawyers always begin affidavits “Personally appeared before me __________ who being first duly sworn deposed and stated under oath as follows…”? The jurat, which is the “sworn to and subscribed before… Read More
Conventional wisdom in Family Court cases, particularly custody cases, teaches dredging up all of the mud on the other party and then spending the entire trial plastering the other party with that mud. Erin Urquhart and I believe that the conventional wisdom is not necessarily wise. We think maybe George Bernard Shaw got it right when he said “I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it.”
Lawyers and litigants make a severe tactical… Read More
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