A study conducted by a postdoctoral student at Brown University documented acceleration of the chameleon tongue at speeds of 0 to 60mph in 1/100th of a second.

The chameleon expends tremendous energy to strike. The tongue is nearly as long as the reptile’s entire body.

Missing a strike means the chameleon has less energy for the next try. In other words, missing can be costly.

In the courtroom, timing is everything. Any “miss” is a costly one. Timing requires cadence. Execution of timing is one trial skill firmly rooted in pure experience. Perfect timing combines build-up, precision and intimate familiarity with the Rules of Evidence.

The build-up is the equivalent of evidentiary foundation. Build-up is selectively working through your expert’s stellar CV before delving into opinion testimony. It is highlighting the credibility of a fact witness by displaying measures of objectivity and personal knowledge. It is identifying the bloody knife slowly and methodically so the jurors sit on the edge of their seats waiting for the big reveal.

The attendant risks of build-up include both overdevelopment and underdevelopment. Swing the pendulum either way and your timing is off. Like the chameleon, you are left looking for the next meal with depleted energy and wasted time.

To explain, if you spend too much time qualifying your witness, your jury is bored and tuned out. Too little time and you risk losing the chance to solidify your expert and your key points. The same is true with exhibits. Overselling “the bloody knife” when it is just a butter knife with a red speck can destroy trust. Underselling crime scene photos can leave an opportunity on the table. Finding a perfect balance can be difficult

Posted in Trial By Nature

Other Posts in this Series
January 5, 2017
Trial by Nature #1 – Tips to Survival in the Courtroom
March 1, 2017
Trial by Nature #2 – Tips to Survival in the Courtroom
April 11, 2017
Trial by Nature #3 – Tips to Survival in the Courtroom
May 22, 2017
Trial by Nature #4 – Tips to Survival in the Courtroom
July 13, 2017
Trial by Nature #5 – Tips to Survival in the Courtroom
October 7, 2017
Trial by Nature #6 – Tips to Survival in the Courtroom
January 23, 2018
Trial by Nature #7 – Tips to Survival in the Courtroom
February 10, 2018
Trial by Nature Tip #8 – Tips to Survival in the Courtroom
February 20, 2018
Trial by Nature Tip #10 – Tips to Survival in the Courtroom

About the Author

Tricia M. DerrCo-Founder, Attorney
Tricia Derr is the co-founder of Lincoln Derr and serves at the helm of the firm leading all practice groups through active counsel, litigation, and advising. Ms. Derr is a litigator specializing in innovative multi-media communication, practical business-minded advice, and speaking to audiences in a “real”, non-technical way.
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