In a moment of weakness, I agreed to write this piece for THE ADVOCATE, feeling both honored and humbled by the request. Only later did I fully come to realize the challenge that I had undertaken. I came to the awareness that this publication may be read by the full spectrum of trial practitioners, from rank beginners to the most seasoned professionals, and from the cutting-edge, technologically savvy to the “oldsters” who cannot find the power button. Then, when the topic was more fully provided – what works and does not work in personal injury jury trials – I reflected on my thirty-year career as a trial lawyer and recognized that what modicum of success I had enjoyed was largely due to outstanding clients, strong facts, and even-handed judges. In my six years on the bench, I have had the opportunity to observe the full spectrum of advocacy, as well: from the well-prepared, well-organized, reasoned presentation to the fumbling, stumbling, and over-reaching argumentation. But with diminishing numbers of jury trials, and even fewer personal injury cases, those six years have provided relatively few occasions to provide the type of guidance that may be beneficial to the reader.

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