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November 14, 2005

But What Will Happen in Cross? - RI Lead Paint Trial

What will happen when the Defense Dream Team (Feisty John Tarantino reminds me of Robert Shapiro from OJ Days) starts cross-examining Second Dream Plaintiff Expert Witness Patricia Nolan at the Rhode Island lead paint trial? 

That's what was on my mind as plaintiff attorney Neil Kelly continued going on and on questioning Dr. Nolan.  My heart downright sunk when it was 4:10 PM and Mr. Kelly asked Judge Silverstein if the court could end for the day because, yikes, he had a whole 'nother area of questioning.

Disappointment aside, I have a hunch that Kelly is undercutting the strength of his witness's testimony with this drawn-out interrogation.  As we say in marketing/sales (one of my day jobs is marketing communications), get in and get out fast.  Kelly seems to be hanging in there too long.

With the First Dream Plaintiff Expert Witness June Tournageau, Mr. Tarantino seemed to do everything right in cross to restore a sense of ambiguity about the key issues of this trial. 

For example, Mr. Tarantino's math exercise on the flip chart created a nice visual of the lead paint situation as not quite the crisis the state seemed to be trying to have the court perceive it. 

As for another tactical homerun, Mr. Tarantino, compared and contrasted the advisories of the EPA and CDC with the recommendations that Ms. Tournageau routinely provides patients.  The two somewhat differed.   You got it: Ambiguity.

As a strategist for my communications clients and for my own boutique I am riveted by how the defense dismantles what the plaintiff erects and sometimes vice versa (as happened today).  I am learning from them.  Plenty. 

Hopefully, early in the day Tuesday, cross-examination of Dr. Nolan will begin.  My advice to Mr. Kelly: Don't overplay your hand.

Side Note:  Thanks to this loss-leader part of my blog focused on the Rhode Island lead paint trial nice bits of law-related business are steadily coming my way. 

Know what?  This proves out my pet theory that to make money from blogging those in the blogosphere have to get a niche, develop a special area of expertise. (Ecommerce expert Paul Chaney agrees with me.)  You might recall that it was the highly partisan political bloggers during the 2004 election who made the big bucks selling ads on their blogs.  Generalist bloggers were starving to death.  And still are.

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