During the hustle and bustle of trial, a lawyer must focus on a variety of things—jury selection, motions in limine, instructions, trial briefs and other pleadings, exhibits, and of course, examination of witnesses. Practitioners would be well-served, however, not to lose sight of non-testimonial events that can have a powerful influence on the outcome, sometimes with result-changing-consequences on appeal.
A version of this article appeared in the July 30, 2009 edition of the San Francisco and Los Angeles Daily Journal.
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