Category Archives: Trial Strategy

Civility in the Courtroom

Posted on

I have four children.  Two are older.  For them, the parenting I was able to impart is in the rear view mirror.  I have two younger ones as well.  So, I’m getting a second chance at parenting.  Among the most important lessons I try to teach is to treat others as you would like to be treated, including saying “please” and “thank you” as much as possible.

I attended a christening at which the parish priest told the gathered that children watch us, very intently, and do what we do, not what we say to do.  Thus, he said, if we say one thing and do another, we teach our children that it is okay to be a hypocrite. read more

Effective Cross-Examinations at Trial

Posted on

My favorite part of any actual or fictional trial is the cross-examination. Who can forget the climax of the cross-examination in the “Caine Mutiny” of Captain Queeg, played by Humphrey Bogart, where the question was whether he had lost control of his ship? Under the heat of the examination, Bogart/Queeg reaches into his pocket, acting palpably shaken, begins to roll marbles in his hand and demonstrates his instability in a long-winded answer. (See “Caine Mutiny Queeg on the Stand.”) Some of my favorite cinematic cross-examinations occur in “My Cousin Vinny,” in which Joe Pesci’s inexperienced Brooklyn lawyer conducts hilarious but effective examinations while defending a family member concerning a murder in a convenience store. read more

Will Juries Uncover ‘The Truth’?

Posted on

I recently read that the greatest obstacle to clear persuasive writing is for the author to forget what s/he knows, and write for the eyes of the reader, who likely has no prior knowledge about the subject.

A similar process must be undertaken when evaluating with a client how a jury is likely to see the conduct of the parties at trial.

I often have clients ask me whether, at trial, the jury or judge will see the “truth” as they know it. The clients have lived the underlying controversy. They have packed into their memories many more conversations, thoughts and writings than could ever be admitted into evidence at trial. read more

Jay Spillane Speaks About His Trial Philosophy to Los Angeles Legal Newspaper

Posted on

jay_spillane_krav_mcgraw“When you’re representing a business executive who is facing financial ruin through litigation, and he tells you, literally, that you saved his life, that makes you feel like you’ve made a difference,” Spillane Trial Group’s Jay Spillane recently told the Los Angeles Daily Journal, which featured the firm on January 18, 2013.  Jay was referring to his representation of Ken Kilroy, former president of the Marvin Davis Cos., who after the death of billionaire Marvin Davis, was not only sued by one of his children for hundreds of millions of dollars but also denied his severance. Jay not only convinced his litigation opponent, represented by the David Boies firm, that they would lose their case against Kilroy and pay his legal fees, but also secured Kilroy’s severance in negotiations with the Davis family. read more

The Krav Maga Approach to Trials

Posted on

For several years now I have been a practitioner of Krav Maga, the official self-defense system of the Israeli Defense Force. In the Krav Maga system, students are taught to react to realistic threats with one or more simple and direct movements that hopefully will quickly end the encounter. The Krav Maga mantra: “No rules; no rituals; no nonsense; no excuses.”

Just after World War II, the fledgling Israeli nation asked Krav Maga founder Imi Licthenfeld to develop a system of self defense for its armed forces. Not satisfied with ancient forms of karate, still taught through centuries-old memorized rituals known as “katas,” Licthenfeld instead developed a simple and effective system of hand-to-hand combat that emphasizes instinctive movements, practical techniques and realistic training scenarios. read more