Dennis Elias’s Latest Tweet :. Injustice News Twitter Feed :.Mark Bennett | November 30, 2009
Personal injury lawyer Paul Luvera has written about Applying Reptile Concepts in Trial—describing how plaintiffs’ lawyers should appeal to jurors’ reptile brains.
The reptile brain is the core of the human brain, sitting right at the top of the spine surrounded by the later-developing dog brain and ape brain. The reptile brain is a survival engine, [...]
Mark Bennett | November 6, 2009
I’ve been asked to write about how to choose a criminal defense lawyer.
Disclaimer: What I write here, I write not with the intention of making myself more presentable to clients, but only of telling the truth, revealing a bit of myself, and maybe entertaining or educating. Some of my posts have probably scared off [...]
Mark Bennett | November 4, 2009
I charge bigger fees . . . so I can take fewer cases . . . so I can give each case more attention . . . so I can get better results . . . so I can charge bigger fees . . . so I can take fewer cases . . .
I [...]
Mark Bennett | September 22, 2009
I spent the weekend in trial mode, preparing for a DWI trial in Montgomery County, north of Houston. This would’ve been only my second trial in a slow year for jury trials (the first ended in an acquittal; several others have been dismissed on the eve of trial) and my client’s career was at stake, [...]
Mark Bennett | September 10, 2009
The last rule for right now (it is an evolving list). . . .
I’ve talked about how the jury panel is a group and the jury is a group. Why? Because people like to be in groups. Most people will, given a choice between being in a big group and being in a small group, [...]
Mark Bennett | September 10, 2009
If the rules were in some particular order, this would have received much higher ranking.
Simple Rule 15: The Bat Rule:
Ping, then listen. Or fail.
Because bats, you know, use echolocation: ping! and detect food and obstacles by the signal that bounces back. A bat that doesn’t ping doesn’t eat, but neither does a bat that [...]
Mark Bennett | September 10, 2009
Remember the scene near the end of To Kill a Mocking Bird in which Atticus Finch, having lost the case, wearily packs up his things to leave the courtroom? As he’s preparing to leave, the blacks in the gallery stand up for him; Reverend Sykes tells Scout, “Miss Jean Louise? Miss Jean Louise, stand up! [...]
Mark Bennett | September 10, 2009
In Simple Rule 12: The Field Trip Rule, I talked about how the jury panel is a group, and you have to stay with the group.
This group has sixty heads and sixty bodies, each one of which is throwing off communications cues every second.
It is not possible for one lawyer, talking to sixty people, to [...]
Mark Bennett | September 10, 2009
In Simple Rule 2: The Blind Date Rule, I pointed out that the 60 potential jurors, by the time they reach the courtroom, are no longer strangers to each other; they have formed a group.
When you get up to talk to them, what’s your relationship to the group? You’re an outsider. You are not someone [...]
Mark Bennett | August 31, 2009
I want to make it clear that I don’t do foolish things like play beer pong or run marathons. But I draw inspiration from the foolish things that other people do. So the next Simple Rule for Better Jury Selection is The Marathon Rule, to wit:
Save something for the end.
There’s the possibility that, while the [...]
