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The Litigator’s Playbook: Backing into Voir Dire

by Jeri Kagel
Trial Synergy LLC
www.trialsynergy.com

At trial a party in a civil case must do two things with regard to liability:

  1. Counter what the other side is saying or implying about its behavior and decisions; and
  2. Affirmatively educate the jury from its own perspective about why it did what it did or did not do.

As litigators, countering allegations and affirmatively telling our stories begins during voir dire, unfolds during opening, and is reinforced through witnesses as each tells his or her piece of the story.

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The Shadow Cursor: Unappealing

by The Shadow

In compliance with the law of unintended consequences the Georgia legislature has raised the per-page price of preparing an appellate record from $1.50 to $10. (H.B. 1055.) Thus, the typical cost of a 2,000-page transcript of the trial court record has gone from $3,000 to $20,000 with the stroke of the Governor’s pen. See O.C.G.A. § 15-6-77(g)(12).

Needless to say, the average litigant who’s already blown quite a bit of “di-ne-ro” on his own “Ci-ce-ro” is now effectively excluded from access to the appellate courts due directly to the greed of the legislature.

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The Practice Corner: Taking the Time to Prioritize

by Daniel DeWoskin
Trial Attorney
www.atlantatrial.com

I know I am not the first to say it, but I don’t know where this year went. There are still so many books I intended to read this year that I have not yet had the time to read, so many tasks I intended to address around the house, and so many New Year’s Resolutions that I failed to pay any attention to whatsoever as of Jan. 2, 2010. Well, I suppose the year is not yet over.

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November Family Law Breakfast Features Judges Castellani and Gordon

by Louis Tessler


The Family Law Section breakfast on Nov. 4 was well attended and focused on family violence. First to speak was Superior Court Judge Robert J. Castellani, who (uniquely) hears all family violence petitions associated with cases assigned to his division. He discussed the improvement in the law associated with family violence, specifically the statutory authorization for rapid, efficient and effective family violence protective orders. Previously, parties involved in violent or threatening situations were obligated to use criminal proceedings – assault and battery charges – to deter violence. This was too often ineffective. Judge Castellani also discussed the difficulties unique to protective orders, including the tactical exploitation of restraining orders in domestic litigation, the high likelihood of the victim protecting the aggressor, and the ethical difficulties in representing an alleged aggressor.

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