Evidence,
Civil Litigation
Oct. 6, 2026
Persuasion Techniques: When bad facts fester, credibility suffers
Trial lawyers can protect their credibility and minimize the impact of bad facts by confronting and contextualizing damaging evidence before opposing counsel does.
Christopher Frost
Trial Litigator, Law Professor, and the Founding and Name Partner
FROST LLP
Email: chris@frostllp.com
Harry Caldwell
Professor of law and director of trial advocacy
Pepperdine University's Caruso School of Law
As we begin a new series on persuasion techniques, it would naturally make sense to discuss big-picture persuasive concepts before jumping into specifics. But as we will discuss within this series, a strong persuasive technique is often to analyze and attack issues in a manner differently from what some may expect. It keeps jurors' attention, allows you to emphasize more powerful evidence, and sequences the learning curve for the triers of fact. More on that concept later. In the meantime,...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In