The Trial Practice Tips Weblog

Researching Medical Issues on the Internet

When I'm researching a knotty medical issue, I head over to the library at the St. Louis University School of Medicine and search through the stacks for an answer. At least, that's what I always used to do. Now it makes sense to check the Internet first. Even though I usually can't read those textbooks that can be such useful references, there are plenty of peer-reviewed articles online.

But how to find them? It's not always as easy as pulling up Google and firing away with a search. For more refined methods of searching, I suggest "Researching Medical Issues on the Internet--2005 Update," by Gloria Miccioli. It's the sort of useful article that every tort lawyer should bookmark for easy reference.  And it's a great way to begin every new hunt for medical information on the Internet.

Thanks to Celia C. Elwell, a paralegal in Oklahoma City, for the tip.

Design the Look of Your Brief to Make It More Readable

Hardcore legal writers know the way text looks on a page affects a reader's understanding. Bryan Garner's book The Winning Brief, for example, contains eight chapters under the heading "Becoming Proficient in Designing Text."

If you don't own Garner's book, take a look at a recent article from the Journal of the Association of Legal Writing Directors: "Painting with print: Incorporating concepts of typographic and layout design into the text of legal writing documents," by Ruth Anne Robbins (pdf).

The article includes tips like these:

• Unless required by a court, never write headings in ALL CAPS;
• Don't justify text; instead, simply align it on the left side;
• Use headings, and vary their size to indicate hierarchy.

There's a lot more in the article, plus an appendix that includes "all federal appellate and state court rules affecting typography used in briefs." (Thanks to a reader for the link.)

Use "Chapters" to Pin the Witness to a Single Story

Here's a deposition tip from ATLA that applies to both plaintiff and defense lawyers: "Don't Let the Witness Change the Story," by Michael L. Roberts.

During deposition, use a “chapter” format to control a witness and clarify the questions and answers the jury will hear later, when the witness’s deposition testimony is presented. This will minimize the witness’s ability to wiggle out of his or her admissions.

Announce the “chapter” topic when you begin a series of questions; at the end, ask the witness if there is anything else he or she remembers about the topic. Then tell the witness that you will move to a different topic.

Periodically restate and summarize what the witness has said. Boil it down to succinct sound bites that will be useful for impeachment and more easily played or read back to the jury.

You'll find more tips from ATLA here (remember to scroll down).