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Home>Paul Mark Sandler

Paul Mark Sandler

Recent Articles from Paul Mark Sandler

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Viewpoint January 9, 2023

The Speluncean Explorers case: How would you decide?

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 the sixth judge deciding the case. Let’s review the facts: Five men are trapped in […]

Editors' Picks November 7, 2022

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 the expert. It allows you to control the witness and obtain the desired answer most […]

Attorney making argument in court
Editors' Picks May 16, 2022

Win more often: Avoid fallacies in your advocacy

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, sound reasoning is at the heart of advocacy; it is the most effective tool of […]

Editors' Picks February 20, 2022

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 would like to share three of them with you. Don’t believe everything your client tells […]

Editors' Picks January 10, 2022

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, “What a pretty speech.” After hearing Cicero, they would remark, “Let us march.” A closing […]

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Editors’ Picks

Supreme Court of Virginia building

‘We need the cases’: Virginia’s high court issuing fewer opinions

Appellate practitioners and others who monitor Virginia’s jurisprudence have noticed a long, stead[...]

Jury observing court proceeding

Attorney’s conduct results in mistrial

After a California attorney’s “unprofessional conduct” during the trial of his client’s negl[...]

Bottle of wine being removed from case

Wine shipper must have separate licenses for each shipping location

Distributors of alcoholic beverages in Virginia must have a separate license from the Virginia Alcoh[...]

Business meeting

Mandatory pre-dispute arbitration: Have its best days passed?

Historically, courts were hostile to pre-dispute arbitration agreements. To address this hostility, [...]

New date set for state bar’s annual meeting

Attorneys, mark your calendars: the Virginia State Bar 2024 Annual Meeting has a new date.

Fitting puzzle pieces together

‘Akin to an asset’: Wrongful death payments not income for child support

Annuity payments received by a woman as a structured settlement for her mother’s wrongful death sh[...]

Reaching agreement

Contingency agreement not basis for fee award

A federal court awarded attorneys’ fees to plaintiff’s counsel in a case stemming from a disagre[...]

Frustrated woman talking on phone

No private action against bank for failure to prevent elder exploitation

An elderly woman scammed out of more than $130,000 has no private cause of action under federal and [...]

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  • Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
  • Plaintiff suffered concussion in rear-end collision — $81,000 verdict
  • Builder misrepresented home status to buyers — $675,000 verdict
  • Low potassium led to cardiac arrest, death of patient — $1M settlement
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  • Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
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  • Principal wasn’t entitled to exclusively remote work
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