We’ve talked before about the doctrine of qualified immunity: what it is, the scope and boundaries of its application, and how, at times, it can serve as an impediment to genuine justice. It’s important for us as civil rights attorneys to keep up on cases where qualified immunity plays a major role in legal decisions. …
In Criminal Cases, Innocence Is Rarely Enough
Our society is complex. Our legal system mirrors that complexity. With so many demands on our lives, getting things done takes knowing how to get things done. It means being smart and diligent and having adequate experience. The challenges are similar in criminal law. It’s about being familiar with the legal landscape and all its …
Tips for Finding the Right Civil Litigation Lawyer
Most people who find themselves in need of a civil litigation attorney have one thing in common: they are overwhelmed. In addition to facing immediate financial burdens as a result of malpractice, personal injury, or losing a loved one, they are engulfed in feelings of fear and uncertainty, or even intense grief. Amid all that …
The Boundaries of Civil Litigation: What Lawyers Can and Can’t Do
All civil litigation starts with a victim, one who has suffered due to another’s misjudgment, malice, or negligence. It’s the job of civil litigation attorneys to facilitate the victim’s healing, physically and emotionally, through compensation, which may or may not involve a monetary settlement. Due to certain limitations of the legal system, there are some …
Qualified Immunity: A Necessary, But Not Absolute Privilege
Lately, it’s not surprising to turn on the news and see a case involving a police officer who’s been accused of using excessive force. The circumstances all vary but are nonetheless emotionally charged and often involve a legal doctrine known as qualified immunity. As Ohio civil litigation attorneys, we’d like to shed some light on …
Takeaways from the Jury Box: A Lawyer Serves Jury Duty
Dynamic disciplines like medicine or law require an ongoing pursuit of experience in order to meet the diverse challenges of their respective professions. Sometimes those experiences are best obtained by viewing processes from a different perspective. A member of our team recently had the opportunity to learn about trial law from a most unique—yet fundamental—perspective: …
Why Proximity Matters When Considering Juror Biases
As Ohio civil litigation attorneys, understanding and connecting with juries is critical to securing the justice our clients deserve. In a previous post, we discussed how juror biases such as loss aversion and a preference for the status quo impact how we communicate with jurors. In this post, we delve into another type of bias: …
Communication Techniques for Managing Juror Biases
Jury trials are a cornerstone of our modern legal system. In fact, it could be argued that they’re a necessary component of a democratic society. Yet for all their advantages, jury trials also present certain challenges for us as Ohio civil litigation attorneys. Personal vs. human juror biases The reason is simple: juries are composed …
Methods for Optimizing Jury Selection and Voir Dire
Voir dire is a legal term you may have heard before. It’s a critical element of the jury selection process, where prospective jurors are questioned about their background and evaluated on their likelihood to optimally serve on a jury. During voir dire, civil litigation attorneys on both sides try to identify biases that could affect …
Positioning the Jury as the Protagonist
For personal injury and wrongful death attorneys, clear, effective communication is a vital element of any successful case. A key theme we’ve discussed before is how good communication with our clients enables us to seek justice and healing on their behalf. In this post, we’re going to examine effective communication from another perspective: that of …
Unusual Courtroom Tactic Wins Case Against Construction Company
Sometimes doing something unusual in a courtroom can make all the difference. Ohio civil litigation attorneys at Cooper & Elliott were faced with such a decision. After a brief discussion about the risk, they made a bold decision to literally pour a bottle of water over the defense’s exhibit—and it proved to be the turning …
20+20: A Look at How Advances in Video Technology Affect Trials
As we continue to celebrate our firm’s 20 years of being in practice and forecast the next 20 years, we like to reflect on the changes we’ve seen in the legal system, and how those changes will impact the future. An area of change that we find quite interesting is the court system’s adaptation of …