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Taking the blame; accepting responsibility makes a difference

Article Abstract:

An effective trial lawyer must have excellent interpersonal and communication skills. Questions should be phrased in such a way that the witness can understand them readily. Witness control during cross-examination must be psychologically fine-tuned, for example, by interrupting a witness speech with an apology for not phrasing a question well enough. Using this same technique when talking to the judge appears assertive rather than aggressive. This will make the judge more amenable to a request. Taking the blame and correcting a mistake as soon as possible are the best tactics.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Psychological aspects, Examination of witnesses, Witness examination

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Staying out of traps; especially the ones you set for yourself without realizing it

Article Abstract:

There are some rules of thumb for trial lawyers to remember if they want to win their cases, and they must especially stay out of traps that they set for themselves without realizing it. The rules of thumb include knowledge of the law, not getting caught in needless detail, and presenting facts simply but arranged so fact finders reach the right conclusion by themselves, not falling into the trap of failing to persuade by arguing too much.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
Standards

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Using a business record; a document that's inadmissible one way can still get in

Article Abstract:

The business records rule is not the only way to have business records admitted into evidence. Other ways include as past recollection recorded, prior inconsistent statements, declarations against interest, verbal acts, and as the basis for an expert opinion. There is always more than one way to skin a cat.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
Laws, regulations and rules, Testimony, Business records, Evidence, Hearsay, Hearsay evidence

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Subjects list: Trial practice, United States
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