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“Look, I require pinpoint cites and basically if I start reading a brief and somebody is saying something that's in the record and I'm looking at the cites and it's not in the record, it's over. You only have so much time and every lawyer only has so much credibility. I would just please beg you frankly, you know, . . don't stretch when you brief.
... See moreIn every depo prep, among other things, I tell witnesses that the deposing attorney will surely do certain things. Show you a document that says x. And then take the question away from the document and attempt to establish a universal truth. And when they do that, they will start the question with “so, isn’t it fair to say that.”
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... See moreSo, next time you are in trial:
- Think about your Rule 50(a) motion from the beginning, and consider drafting it in advance and adding any arguments that arise during trial;
- Don't shove it off on a junior associate without supervision;
- Consider making a written Rule 50(a) motion in addition to your verbal one, for filing after review by all of the
Rule 50(a) Motions Are Terrifying and You Should Be Concerned at Trial
Some important points on preservation of error (from a much more senior attorney than me):
#1: You need to get on the record any objections you may have on jury instructions—and you need to be clear; don’t namby-pamby, and don’t shut up simply b/c you think the judge might get mad;
#2: If you can’t do that on a transcript at a charge conference
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