McElhaney on Litigation

The Plain Truth: Go for Simple Words if You Want to Communicate Effectively

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal comes to a close with this issue. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To recognize McElhaney’s contributions, the Journal has been reprinting some of…

Sep 1, 2012 7:40 AM CDT

Better Never than Late: Fix the Problem If You’re Always Running Behind in Your Work

McElhaney’s Greatest Hits: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close this fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To recognize McElhaney’s contributions, the Journal is reprinting some of…

Aug 1, 2012 7:10 AM CDT

Don’t Be Seduced: Falling in Love with Your Case Means You Won’t See Its Shortcomings

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close this fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To recognize McElhaney’s contributions, the Journal is reprinting some of his…

Jul 1, 2012 7:50 AM CDT

Good Memories: Use the Right Words to Help the Jury Remember Key Facts of Your Case

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close this fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To recognize McElhaney’s contributions, the Journal is reprinting some of his…

Jun 1, 2012 7:59 AM CDT

Direct Answers: Examining a Witness Is Telling a Story—So Make It a Good One

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close this fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To recognize McElhaney’s contributions, the Journal is reprinting some of his…

May 1, 2012 7:49 AM CDT

Finding Your Why: Present Your Case So That It Fits What the Jury Wants to Believe

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close in the fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To commemorate McElhaney’s contributions, the Journal is reprinting some of…

Apr 1, 2012 8:30 AM CDT

Order in the Court: Fear Is the Biggest Obstacle to Effectively Organizing Your Case

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close next fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To commemorate McElhaney’s contributions, the Journal is reprinting some of his…

Mar 1, 2012 9:10 AM CST

See It Now: Past Events Seem More Real When They’re Described in Present Tense

Editor’s Note: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close in the fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To commemorate McElhaney’s contributions, the Journal is reprinting some of…

Feb 1, 2012 9:10 AM CST

More Than Just Words: This Is What It Really Means to Talk Like a Lawyer

Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close this fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. To commemorate McElhaney’s contributions, the Journal is reprinting some of his “greatest hits”…

Jan 1, 2012 9:00 AM CST

Enter Angus: His Initial Words of Wisdom Focus on Cross-Examining Expert Witnesses

McElhaney’s Greatest Hits: Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close next fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. The Journal is reprinting some of McElhaney’s “greatest hits” from…

Dec 1, 2011 9:20 AM CST

No Laughing Matter: Failing the Giggle Test Might Leave You Crying

Jim McElhaney’s 25-year run as Litigation columnist for the ABA Journal will come to a close next fall. During those years, McElhaney’s straightforward advice on trial practice became one of the most popular features in the magazine. The Journal is reprinting some of McElhaney’s “greatest hits” from the past quarter-century.…

Nov 1, 2011 8:09 AM CDT

The Burden of Reasonable Doubt: When a Standard Designed to Protect Defendants Actually Hurts Them

McElhaney’s Greatest Hits: Jim McElhaney’s first-ever Litigation column for the ABA Journal was published in the October 1987 issue. It appeared on page 110 with no particular fanfare. But it was the start of a 25-year run for McElhaney that finally will end next year. During that quarter-century, McElhaney’s straightforward…

Oct 1, 2011 8:20 AM CDT

Play by the Rules: There Is a Right Way to Make Objections

“Some lawyers have strange ways of making objections,” said Judge Horatio Standwell when he opened the presentation on trial techniques that he and Angus gave at the local bar association’s Wednesday night meeting. “I heard an interesting one just this morning from a lawyer who was complaining about a harmless…

Sep 1, 2011 7:30 AM CDT

It’s a Gift: Evasive Witnesses Are Doing You a Favor if You Know to Take Advantage

Barbara Swanson was fuming. “Is it justifiable homicide if I strangle an evasive witness in the middle of cross-examination?” she said. “Sounds like you’re more than half-serious,” I said. “Try 100 percent serious,” said Barbara. “This design engineer I’m cross-examining is the most obnoxious, argumentative, evasive witness I’ve ever seen.…

Aug 1, 2011 7:00 AM CDT

Experts Will Tell You a Lot in Depositions if You Ask the Right Questions

Mike Pirelli spotted Angus going into the First Federal Soup and Sandwich Shop and followed him in. “Angus,” he said, pulling a chair up to the table, “did you get a chance to read my deposition?” “Yes,” said Angus. “I did.” “That’s great!” said Mike. “I really appreciate it. That’s…

Jul 1, 2011 7:40 AM CDT