Unconventional Wisdom - Seize the Moment

In the Law360.com article titled "The Conventional Wisdom That Trial Attorneys Must Avoid ", published December 14, 2018, veteran trial attorney Courtland Reichman explains that success at trial is an art, and requires flexibility over formula. 

Instead of a scripted approach, Courtland achieves victory by remaining present in the courtroom, continually reading the mood of the jury. By maintaining a laser focus and remaining "in the moment" seasoned counsel may choose to end cross-examination, for example, "even if some of your substantive points didn’t get made". 

Conventional wisdom says to complete the questioning, but continuing can sometimes cause more harm than benefit. "The art of it is knowing how much is enough, when it is time to stop,” Courtland said. “The best trial lawyers ... know how to whittle it down to the essence,” he said. “Because if you do more, you can lose the jury. It’s not really credible and it’s going to backfire on you.”

Read the full article here.