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A Touch of Bias

Ever feel like you’re playing a rigged game? keep reading »

Your Done, When All You Want Is To Finish

As you stand before the judge, you hear your opposing counsel say “your honor we have already addressed that issue, there is no need for those questions.  The jury panel has already been instructed on the law.”  The judge looks at you and in a low voice says “counsel your response?” “Your honor, I am unclear as to the prosecutor’skeep reading »

The Package

I bought a back support for my office chair at Bed, Bath and Beyond. It works wonderfully. It even has a heating function. However, I still feel that there is something wrong with it. The item I wanted was the last one on the self. The cardboard packaging was torn in several places. Someone had attempted to recreate the box… keep reading »

The Second Worst Question

People who lie, cheat and steal normally don’t admit that they lie, cheat and steal. Thus, it is reasonable to assume that a deceitful person, would act deceitful, when asked a question about how truthful they are. So, what do you think would be the benefit of asking a deceitful person: “are you a liar?” That would probably be the… keep reading »

Too Much Education

Just for fun, try this little exercise. Call the Admissions Department of the the law school closest to where you live. Ask them the class sizes for the last five years. Next, look at your local State Bar Magazine / Website classifieds section. I believe you will find some trends going in opposite directions. keep reading »

The Search for Page One in Google

The first rule of search engine optimization (SEO) is that people who sell SEO services – do not have any rules. That is, any rules other than the ones imposed by Google when they change their algorithm. Nor are there reliable ways to find an… keep reading »

100% aimed at 2%

I am going to make you a bet. I will bet you that 100% of your arguments at trial hit your target only 2% of the time. This of course presumes that your target is the decision making part of a juror’s mind. The bet also presumes that you make rational and logic based arguments that are crafted to appeal… keep reading »

When You Expect Everything You Never Get It

Has this ever happened to you? keep reading »

What’s Next?

Where do you go after law school? Students in the top 10% of their class probably went to work in a mega-firm. What about everyone else? Did you choose your place in the legal world, or did you take the job that was in front of you? Reality answers this question for most people – you took the job available… keep reading »

Rules Are Good, Why is Better

Let’s accept a premise that is already widely embraced by behavioral economists: persuasion commonly works better than rules to change a person’s behavior.  Below I have applied this maxim to a small part of one of my closing arguments.  See which of the versions is more compelling to you.     ORIGINAL When I first talked with all of you,… keep reading »