The latest from Work Matters
| Casey Anthony trial holds lessons for civil litigators |
| I am watching the Casey Anthony coverage. I saw some of the closing argument over the weekend. The case holds a lesson for civil trial lawyers, including labor and employment lawyers: Counsel must think about the concerns they have about their cases, embrace those concerns and then address them. Here, the prosecution must have been concerned about the lack of direct evidence tying the defendant to the events in question. Jury pools now are saturated with the "CSI: Crime Scene Investigation" television series, in which the mystery is solved, not by circumstantial evidence, but by forensic and scientific sleuthing. And the defense must have been concerned about the testimony regarding the defendant partying after her daughter's disappearance. All lawyers have a tendency to fall in love with their cases, stressing the strong points, applying makeup to the blemishes. The Anthony case reminds litigators to spotlight the blemishes and apply the brakes to our infatuation with the strengths. |
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