Please ensure Javascript is enabled for purposes of website accessibility

Author Archives: Paul Mark Sandler

The Speluncean Explorers case: How would you decide?

Question mark on blue background

The year is 4300. Defendants on appeal are convicted of murder, sentenced to hang. They seek reversal from the Supreme Court of Newgarth. (“The Case of the Speluncean Explorers,” Lon Fuller, Vol. 62, Harvard Law Review 616 (1949).) Consider yourself ...

Read More »

How to cross-examine an expert witness

The purpose of cross-examination is to continue to argue — and defend — your case by using leading questions to obtain affirmative answers. The leading question with the desired answer is the key to effective cross-examination of all witnesses, including ...

Read More »

Win more often: Avoid fallacies in your advocacy

Attorney making argument in court

A fallacy is a mistake in reasoning. It can undermine your case. Therefore, it is important to examine your own planned written and oral presentations. Also, carefully consider opposing presentations to determine whether they “hold water” or are fallacious. Remember, ...

Read More »

Young attorneys, learn from these mistakes

I shake my head and smile, now at the bar 50 years, at the many humiliating mistakes I have made, particularly as a young lawyer. For me, the saving graces are the lessons I have learned along the way. I ...

Read More »

The challenge of the closing argument – a perspective

The purpose of the closing argument is to incite jurors or a judge to render the decision you request. It is not about impressing listeners with your eloquence. According to the apocryphal tale, when listeners heard Demosthenes, they would remark, ...

Read More »