Mastering Group Voir Dire: Tip 9—Employ the Springboard Method

December 11th, 2018|Jury Research Blog (Jury Research Services)|

December 10, 2018 Jeffrey T. Frederick, Ph.D. Mastering Group Voir Dire: Tip 9—Employ the Springboard Method             So far, our Tips series has focused on setting the stage for effective voir dire (Tip 1; Tip 2; and Tip 3), capitalizing on open-ended questions to increase our understanding of jurors (Tip 4), avoiding the “looking good” bias (Tip 5), crafting questions with the “bad” answer in mind (Tip 6), using questions that contrast viewpoints or positions (Tip 7), and the need to intersperse majority response questions to foster continued participation (Tip 8).  Our next tip addresses the springboard method of questioning

Top 10 Travel Tips for Road Warriors

December 11th, 2018|Litigation Insights|

At our recent all-firm meeting, the topic of travel came up; not surprising, given that most of our team covers a lot of ground each year.  Soon enough, we all began sharing our favorite travel tips, and were pleased to discover a few that even our hardened LI “road warriors” hadn’t heard of.  Given that our average reader is no stranger to airports either, we thought we’d share our best travel tips here, in the hopes they make your life a little easier as you travel the friendly skies. Top 10 Travel Tips Stay Charged.  If you’ve got a lengthy flight where you hope to get a lot of work done, try to book an aircraft that has AC electrical outlets available for the cabin.  When booking flights online, airlines will list

Expect Anti-Corporate Attitudes to Persist and Grow

December 10th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Rhetorically, a focus on enemies is pretty important. Sometimes they’re invented, and sometimes they’re based on a fundamental truth that is then enhanced and exaggerated. In terms of our concepts and communications, a moral universe seems to demand both gods and devils. And a convenient devil in many civil litigation contexts is the big corporation. Even when the corporation isn’t a party as a named defendant, they’ll often play a role as the insurance company that is presumed to be pulling the strings in the background. Anti-corporate attitudes within the potential jury pool is something that

Understand Your Jurors’ Online Reality

December 6th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: The idea of a courtroom trial is that it is a sealed system. The fact-finders arrive in a neutral state of mind, they receive and review only what is vetted and presented in court, and then they deliberate to a verdict without any outside influence. We know that this sealed system is an ideal. The system leaks though. It leaks because, armed with human attitudes and life experiences, jurors don’t actually arrive in a neutral state. But this system also leaks because it is easier than ever for jurors to get and to give information through

The Similarities Between Jury Trials and Auditions on ‘The Voice’ – and a Key Difference

December 4th, 2018|The Litigation Consulting Report (A2L Consulting)|

In a recent post here, I confessed my guilty pleasure: watching NBC’s hit reality singing competition, ‘The Voice.’ But I also acknowledged my frustration over the format: too much inconsequential fluff that’s got nothing to do with singing. For one thing, there’s the vapid bantering between the coaches and the inevitable and insincere implication that every pairing of performers compels a decision as agonizing as Sophie’s Choice. And then there’s the over-dramatization of many contestants’ personal stories that can feel a bit cringy when the judges purport to empathize with issues around, among other things, body image, bullying, sexual orientation,

Ease over Accuracy: Why “Yeah, but…” Defense Tend to Fail

December 4th, 2018|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. The “law of least effort” is an important principle for understanding jury decision-making. In short, if there are several ways of making sense of the evidence and testimony in a case, jurors will gravitate towards the one that is the least demanding for their brains. As Nobel-winning psychology Daniel Kahneman (who has spent his life studying human decision-making) states, “Laziness is built deep into our nature.” In fact, research has consistently shown that we assign greater weight to information and ideas that are more easily accessible to us, regardless of whether that information or those