Women who trust too much: The Unmitigated Communion Scale

November 26th, 2014 by The Jury Room
  We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Back in August we wrote a post on a study saying women are lied to more in negotiations. One of our readers re-tweeted the post and added, “Happy Women’s Equality Day”. Another article from the same research group says women are more likely than men to trust a liar again after they learn of deception. The authors we are studying today conducted three separate studies...

Useful Directory of Peer-Approved Legal Consultants and Vendors

November 25th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Yesterday, Legal Times released its annual directory of top legal consultants and vendors, The Best of Legal Times Reader Rankings 2014. While this reader-generated list focuses on Washington, DC, most of the categories have national relevance. In fact, most winning firms, like ours, are national firms who win similar accolades from Legal Times' sister publication, The National Law Journal. 600 firms were in the running for the various... Read more at http://www.A2LC.com/blog

Confidentiality and Online Jury Research: What are the Risks?

November 24th, 2014 by Litigation Insights
One of our clients’ top concerns is having the “other side” learn about the jury research or, worst, for the research to leak to the local media. While confidentiality can’t be guaranteed with any method of jury research (e.g., focus group, mock trial), without a doubt, confidentiality is the most difficult to control with online [...]The post Confidentiality and Online Jury Research: What are the Risks? appeared first on Litigation Insights.

Expect Trial Consulting Myths to Die Hard

November 24th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  A current article in Pacific Standard, the online publication of Miller-McCune Center for Research, Media and Public Policy, continues a debate that has become familiar to litigation consultants. The opinion piece by Seattle science writer Jane Hu makes the argument that the trial consulting field, and specifically its role in jury selection, fails to deliver as advertised and has a corrosive effect on a fair trial. The article's address line goes so far as to call it "quackery." The piece is republished at Undisputed Legal as well, and has be...

Thin-slicing infidelity: Brief observation can reveal more than you ever thought!

November 24th, 2014 by The Jury Room
We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Our clients are routinely stunned by the accuracy of  mock juror impressions of witnesses and parties based on a 6 to 8 minute video clip from depositions. Mock jurors quickly assess character and are often eager to share their insights. Their comments can be insightful, surprising, and sometimes biting in their judgments. So, okay. It’s probably reasonable that brief observati...

Trial Tech Tips – TrialDirector Bates Numbering

This article is the first in a series entitled “Trial Tech Tips.” Focused on the crossroads of law and technology, and in no particular order, we will share a collection of proven and tested methods for accomplishing a wide variety of common and/or critical tasks encountered during trial preparation or presentation. We will also try to rank them from one to ten on a “geek scale,” with one being not too technical, and 10 being very technical.On a geek scale of one to ten, this article would be rated at about an 8.In litigation, it is generally a good idea to make sure that when a certai...

The “euphemism treadmill”: Is it African-American or Black?

November 21st, 2014 by The Jury Room
It’s a constantly moving target. Just over a year ago, we wrote about this on-going question and cited a Gallup Poll saying 65% of Black Americans have no preference when it comes to labels used to describe their racial or ethnic group. The authors of today’s research article would disagree. They say there are consequences (and loads of meaning) behind the two labels. Stephen Pinker first coined the phrase euphemism treadmill in 1994. The phrase refers to a descriptive term that was once acceptable, but has now become pejorative. An example would be the word “crippled”, replaced by “...

The Limitations of Online Jury Research for Mock Trial Projects

November 21st, 2014 by Litigation Insights
(Part 2 of a 2 Part Series) As discussed in Part I of this series, the ultimate goal of sound jury research is to provide clients with juror feedback on their themes, arguments, witnesses and, when desired, a range of damages that could be expected at trial and the rationale behind jurors’ reactions to damages [...]The post The Limitations of Online Jury Research for Mock Trial Projects appeared first on Litigation Insights.

In-House Counsel Hiring Methods for Litigation Counsel Are Surprising

November 20th, 2014 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting A little more than a month ago, I surveyed our readership and asked, "how does in-house counsel hire outside litigation counsel?" Six possible answers were presented in random order. In-house chooses the lowest priced firm from a group of approved firms. In-house hires the best litigator based on prior experience. In-house hires the best litigator based on their reputation. In-house hires their litigator friends and former (or future)... Read more at http://www.A2LC.com/blog

Account for Fenno’s Paradox: We Don’t Judge Groups Like We Judge Individuals

November 20th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Here's a riddle for you: Going into the midterm elections, approval ratings for Congress hovered at just around 14 percent, yet the win rate for Congressional incumbents was 96.6 percent. How can we reconcile those numbers? Americans have an incredibly low opinion of the institution, yet overwhelmingly return the same people to do the job. The complicated answer probably lies in a combination of embarrassingly low turnout, as well as higher name recognition and a whopping fundraising advantage for incumbents. But part of the reason also has to do with the un...

SEC Releases Whistleblower Report

November 20th, 2014 by OpenDOAR Blog
SEC Releases Whistleblower Report By Paul J. Neale Earlier this week the US Securities & Exchange Commission released its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program.  You can access the report at http://www.sec.gov/about/offices/owb/annual-report-2014.pdf.  Highlights of the report include: A steady rise in the number of whistleblower tips per year – 334 in Read More…

Does legalized marijuana evoke “the mother of all gender gaps”?

November 19th, 2014 by The Jury Room
We follow, as you may have noticed, attitudes, values and beliefs toward a wide variety of issues. So we were surprised to see this 2012 national poll from Quinnipiac University pop up in a number of recent blog posts. According to their survey, while Americans favored the legalization of marijuana (51% to 44%) there were significant age and gender gaps. “Men support legalization 59 to 36% but women are opposed 52 to 44%.” Younger voters, “18-29 years old support legalization 67 to 29% while voters over age 65 are opposed 56 to 35%.” For some reason, a number of blogs picked up the sur...

When is an Online Mock Trial or Focus Group Right for My Case?

November 19th, 2014 by Litigation Insights
(Part 1 of a 2 Part Series) The recent trend and attraction of online jury research are difficult to resist for anyone considering conducting jury research. What’s not to like about online research? It’s easy to implement; it’s much cheaper than traditional jury research and, if time is short, it’s quicker to execute. For clients [...]The post When is an Online Mock Trial or Focus Group Right for My Case? appeared first on Litigation Insights.

7 PowerPoint Trial Presentation Secrets Revealed

November 18th, 2014 by The Litigation Consulting Report
  by Alex Brown Director of Operations A2L Consulting My hobby is woodworking. Recently, I had to build a dog fence so that my wife could train one of our dogs. From photos I figured out the dimensions, type of wood to use, and the hardware needed. What I did not take into consideration were the tools I would need to complete the job easily and on schedule. In the process of building the fence, I ended up at our local ACE Hardware store shopping for multiple tools including one I had... Read more at http://www.A2LC.com/blog

[New and Free Webinar] 12 Things Every Mock Juror Ever Has Said

November 17th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting If you can learn the secrets of how mock jurors commonly behave during mock trial deliberations, you will be better positioned to win at trial. These behavior patterns are understandably foreign since most people see mock juries deliberate infrequently. However, when you are a jury consultant, mock trials are routine, and repeat behavior patterns become clear over a long career. Surprisingly, it turns out that no matter where you go... Read more at http://www.A2LC.com/blog

Wait for Your Blockers in Voir Dire

November 17th, 2014 by Tsongas Litigation Consulting, Inc.
As college football enters the grueling month of November and the professionals advance in their campaign for division championships, I have been watching as many games as I can between stints of in-court jury selection. Recently, I noticed a parallel: Both football games and jury selection have to do with the benefits of patience. Some of the best rushes by running backs rely on patience as they wait for the blocks to develop. Lost opportunities come when the running back speeds forward into the arms of his foes, while his fellow, often larger, teammates hoof it in his wake. These would-be bl...

Witnesses: Don’t Adopt, Do Adapt

November 17th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  It is one of those irritating word pairs in English, like “your” and “you’re” – similar spelling and sound, but different meaning and frequent confusion. “Adopt” means to “take something as your own,” while “adapt” means to “make an alteration in response to a situation.” The meanings are different, but both figure prominently in the advice I give to witnesses: When being questioned by opposing counsel in either cross or deposition, it is a bad idea to adopt what you’re given by opposing counsel, but a great idea to adapt to the uniqu...

Predicting societal shifts: Same-sex marriage and the “Future of Weed”

November 17th, 2014 by The Jury Room
Sometimes we run across odd associations as we peruse research literature. Here’s an article from Pacific Standard saying we can potentially predict when the legalization of marijuana will occur by looking at how quickly attitudes toward same-sex marriage shifted in the United States. And this prediction relies, not on pundits or polls, but rather on what they call “data science”. Essentially, the article says, you can use “data on similar issues” to “build a mathematical model” and use that model to “estimate the likely outcomes for marijuana legalization across the country”...

What is the Best Monitor Viewing Angle for a Jury

November 17th, 2014 by Litigation Insights
When you go to set up audio/visual equipment in a courtroom, imagine yourself in a movie theatre. All movie theatres have one large screen for moviegoers to look at. You want jurors to have a similar experience. There should be one screen, and it should be large enough for all jurors to see. Unfortunately, not [...]The post What is the Best Monitor Viewing Angle for a Jury appeared first on Litigation Insights.

Changing American Attitudes: Doctor-assisted suicide laws

November 14th, 2014 by The Jury Room
Brittany Maynard, the 29-year-old woman with an aggressive and terminal brain cancer who announced her intention to take her life, has put a face on the “death with dignity” movement. Her announcement that she would take her life thanks to Oregon’s right to die laws, spurred many “offers” of advice for her. Cannabis for cancer, stem cell therapy, choose life, and multiple offers of vitamin cures, dietary changes, and other ideas proliferate in comment sections. Others in the comment sections express the idea that Maynard herself comments on in her video–i.e., no one else can kn...

Consider a Flowchart Verdict Form

November 13th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Juror C: Okay, we've answered question four, so let's move on to five. Juror A: No, it says that if we answered "No" to four, then we skip to seven...Juror D: ...I totally know the answer to six, it is "Yes!"Juror A: Wait, wait, we should not even be answering that...Juror D: Well, let's just see what everyone thinks...Juror F: Yeah, just to be on the safe side, let's answer each one, and we can always cross it out later. Juror A: No! That is a small sample of the kinds of confusion one can see when a jury confronts a complex verdict form. In the mock ...

How I Used Litigation Graphics as a Litigator and How You Could Too

November 12th, 2014 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting It is well known and generally accepted by the top performers in the litigation community that you need to use demonstrative evidence, including litigation graphics, to be persuasive at trial. As a scientific certainty, using visual support to back up your key points and arguments is critical to maximizing persuasiveness. As a litigator, I’ve personally created and used graphics, and developed... Read more at http://www.A2LC.com/blog

Non-citizen? Undocumented? Watch out for jury sentencing!

November 12th, 2014 by The Jury Room
You are likely familiar with the fact that African-Americans and Hispanics often receive harsher sentences than do White defendants. So where do you think the undocumented immigrant or non-citizen would fall in that lineup? The undocumented receive the harshest sentences and non-citizens (who are in the country legally) come in second. Why? The authors of this paper have a hypothesis: we jury-eligible citizens are simply afraid, and are trying to maintain control of our country. “…dominant group members feel threatened economically, politically, criminally, or culturally, and will step...

Should a Witness Look at the Jury? Keys to Effective Courtroom Eye Contact

November 11th, 2014 by Litigation Insights
Picture this:  You’re in a room with several people.  You’re having a discussion with all of them, but you only look at one person.  Is that how conversations are supposed to work?  No, because when having a conversation, we have been socialized to include everyone in the conversation.  We may not talk directly to everyone, [...]The post Should a Witness Look at the Jury? Keys to Effective Courtroom Eye Contact appeared first on Litigation Insights.

When Trial Graphics Give Crucial Context to a Case

November 11th, 2014 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
A few days before a trial was set to start in Solano County Superior Court, Cogent Legal got a call from counsel for the plaintiff. The case, against a major candy maker, was being tried by Robert Barnett and Ben Scott of Barnett & Bennett Law Firm. The attorneys realized they had photographs for use in trial that might confuse the jury rather than make their case clear. The case involved the candy company failing to completely guard a chain-and-sprocket mechanism within one of their sugar silos at the factory. While a candy factory may conjure up lighthearted ideas of Willy Wonka, in...

Let the Lawyers Ask: Five Reasons for Attorney-Conducted Voir Dire

November 10th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Ever had the experience of asking someone to ask someone else something on your behalf? It's like a sixth-grader's attempt to find out if someone likes you. Sometimes you need a little plausible deniability but, in most cases now, it's easier and more direct to just ask on your own. And that is pretty much what attorneys want in voir dire. It is nice for the judge to explain the procedures and deal with some of the more obvious hardship and cause challenges, but I think it's safe to say that every trial lawyer wants the chance to ask their own questions in voir d...

Simple Jury Persuasion: The “halo of scientific validity” effect

November 10th, 2014 by The Jury Room
We’ve written about the lack of evidence for the much-feared “CSI Effect”. But here’s an interesting study about the simple “appearance of science” as opposed to the bells and whistles of high-tech “CSI”-like evidence. All it takes is the use of “scientese” (scientific sounding words)–not to be confused with “lawyerese” (which we wrote about here earlier). Or, if you don’t want to use those big and confusing words, try a simple graph like the one illustrating this post. Or presenting a formula like this: C21H29FO5. Either approach, say today’s researchers, wil...

How to Preserve Confidentiality in Mock Trials or Focus Groups

November 9th, 2014 by Litigation Insights
These days, when information can change hands as easily as a snap of a picture or the click of a button, we are often asked, “What can Litigation Insights do to ensure my client’s confidentiality in mock trials?” We can certainly understand the importance of this question as it can have a major impact on [...]The post How to Preserve Confidentiality in Mock Trials or Focus Groups appeared first on Litigation Insights.

Millennials on Your Jury: Be Visually Immersive

November 7th, 2014 by Tsongas Litigation Consulting, Inc.
Right now, there are about 80 million millennials and only 76 million baby boomers in America. Millennials are individuals who were born from 1980 to 2000, and recently surpassed boomers as the largest and likely most influential generation in America. This generational bracket is also becoming a majority shareholder in jury duty. This is significant because millennials have strikingly different values and attitudes than juries before them, and they expect an interactive presentation that immediately addresses their questions about the case.   Themes Some differences in what millennials (now ...

You can tell a lot from looking at someone’s face…

November 7th, 2014 by The Jury Room
Our mock jurors (and many others as well) tend to believe the eyes are the “window to the soul” and that by simply looking at the eyes of another, they can intuit truthfulness and character. But it can be even easier! Just look at the face and you can actually assess introversion/extroversion, competence/incompetence, dominance/submission, and even trustworthiness/untrustworthiness. In short, if you are trustworthy, you have a more feminine face and tend to evidence positive emotions. If you are not trustworthy, you have a more masculine face and tend to evidence negative emotions. (See il...

Pay Attention to the Pendulum

November 6th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The results of the 2014 mid-term elections are in and, for the most part, the American electorate has confirmed expectations, ushering in a swing toward the right. Before that, 2012 saw a swing to the left, and 2010 saw a swing to the right, and 2008 saw a swing to the left. The pattern is that the party generally perceived as being in power absorbs the bulk of the public’s fears and dissatisfactions, motivating a shift toward the other side. This year, the pendulum of politics continues to keep time. The reliability of these swings reminds me of the shifts in ...

A Tale of Two Patent Trial Presentation Styles [CVN Video]

November 5th, 2014 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting A2L has a wonderful partnership with Courtroom View Network (cvn.com), which is a warehouse of video footage of courtroom presentations of all kinds and should be a valued resource for attorneys and law school students wishing to educate themselves on the “to-dos” and “not-to-dos” of litigation argument. I have been browsing the intellectual property video footage at cvn.com and wanted to provide you... Read more at http://www.A2LC.com/blog

DOAR Assists Raoul Weil’s Attorneys in Securing His Acquittal

November 5th, 2014 by OpenDOAR Blog
New York, NY:  DOAR is delighted for Raoul Weil and congratulates Freshfields Bruckhaus Deringer attorneys Aaron Marcu, Kimberly Zelnick, Charline Yim and Charlie Jacobs, Kobre & Kim attorneys Matthew Menchel and Adriana Rivere-Badell, and their trial teams on the acquittal of Raoul Weil, the Swiss banking executive from UBS charged in a conspiracy to defraud the IRS.  After a Read More…

Simple Jury Persuasion: The “not in my town!” effect

November 5th, 2014 by The Jury Room
A couple of years ago we were working for the Plaintiff on pretrial research for a case against a large national healthcare corporation. The Plaintiff had been injured quite dramatically due to what she alleged was the Defendant’s lack of care (i.e., negligence) in selling her what company executives knew to be a pharmaceutical product scheduled for recall. The mock jurors listened carefully and were horrified by the extent of her injuries and then began to work hard to protect themselves from the randomness of the events. “Well, I would have done some research first to see if there was an...

Trial Graphics and the New Widscreen Format in Powerpoint: A Review

November 5th, 2014 by Litigation Insights
If you’ve opened PowerPoint 2013 and tried to start a new presentation for your trial graphics, you may have noticed something different about the default templates: They are all “widescreen” format (16:9), which simply means they have an aspect ratio 16 units wide and 9 units tall, versus the traditional PowerPoint default of 4:3. Where [...]The post Trial Graphics and the New Widscreen Format in Powerpoint: A Review appeared first on Litigation Insights.

Know What Scares (the Top Five Fears)

November 3rd, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  It is said that you know someone when you know what they hope for and what they fear. Since we're just past Halloween, let's go with the latter. A new survey coming out of Chapman University focuses on the greatest fears held by Americans. Based on a random sample of 1,573 adults, the short list of the top five are as follows: 1) Walking alone at night; 2) Becoming the victim of identity theft; 3) Safety on the internet; 4) Being the victim of a mass or random shooting; and 5) Public speaking. These are the kinds of social science results that are interesting in ...

Do you smell red or blue? 

November 3rd, 2014 by The Jury Room
This post might well fall into the category of “the route to tenure-track publication credits is not always the high road”. We discard lots of dicey research reports (such as this one) because they add nothing to our goal of improving litigation advocacy. But this one was so weird we found it amusing. Enjoy. But don’t bet your case on anything you learn today. Al Pacino made fragrance tangible in his role as a blind man in the film Scent of a Woman. Today’s research is not on how women smell, but rather on how we all smell differently based on our own political ideology and the particu...

Selling Your Case in Voir Dire: When Poor Strategy Meets Fed-Up Judges

October 31st, 2014 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. I am writing this week’s blog post on a plane ride back from the east coast where I just finished picking a jury in Delaware. The jury selection experience there was deeply disturbing. I would normally write the experience off to the random “crazy” judge that I stumble across every once in a while, but this experience is becoming more and more common and has particularly taken hold in the Northeast. It turns out these judges are not in fact “crazy,” but instead, taking extraordinary steps in response to poor attorney tactics dur...

Phone Surveys Aren’t What They Used To Be

October 31st, 2014 by The Litigation Consulting Report
  by Laurie R. Kuslansky, Ph.D. Managing Director, Jury Consulting A2L Consulting Research has shown that a variety of individuals are not fully represented in telephone surveys, especially Democrats,[1] the young, nonwhite, and urban voters who can be the hardest for pollsters to reach.[2] In addition, the migration from landline phones associated with home addresses to portable cell phones unrelated to home addresses compounds the problem of reaching and surveying a representative... Read more at http://www.A2LC.com/blog

Male? Don’t watch comedy videos prior to trial presentations…

October 31st, 2014 by The Jury Room
Many have written about men being over-confident in comparison to women–although all of us may be more confident in our abilities than we generally should be. Prior research has shown us that men are more confident than women, and that happy people tend to view themselves more positively and happy people actually often perform better on quizzes and other tasks. So today’s researchers asked 107 undergraduates recruited from introductory courses required of all students (57 male and 50 female) to participate in their study. First, the participants completed a half-hour quiz containing 20...

When to Use a Surrogate Jurisdiction for a Mock Trial

October 31st, 2014 by Litigation Insights
Our clients frequently come to us with this question, “should we conduct our mock trial in the actual trial venue or in a surrogate jurisdiction?” In our experience at Litigation Insights, there are five primary considerations when making this decision: The type of case; The size of the jurisdiction; Confidentiality concerns (not having the other [...]The post When to Use a Surrogate Jurisdiction for a Mock Trial appeared first on Litigation Insights.

Beware the Bias for the "Safe" Call in Case Assessment

October 30th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The 2014 World Series ended yesterday in a 7th game win by the Giants. The game had some recalling the last time the Royals were in the World Series: 1985, where an infamous blown call by the umpire in game six led to a Royals win in game seven. Those are the calls that umpires desperately want to avoid. And recent research shows the lengths they will go to avoid them. A study discussed earlier this week by NPR social science correspondent Shankar Vedantam demonstrates statistically that Major League Baseball umpires fear blowing big calls and have a bi...

Microsoft OneDrive Goes Unlimited

Some time ago, I covered several of the most popular cloud files storage apps. Since that time, as the reliance upon cloud-based file storage has pushed the limits of bandwidth (to transfer all of this data), Dropbox has upgraded their Pro account to 1TB (that is 1000 gigabytes). YouSendIt has added nice features, including a convenient personal upload page link that others can use to send you files.OneDrive(Microsoft) came out with a full terabyte about the same time as Dropbox, keeping them running head-to-head with Dropbox in the capacity department. Although Dropbox is still the cloud-stor...

The 5 Very Best Reasons to Conduct a Mock Trial

October 29th, 2014 by The Litigation Consulting Report
  by Kaitlin Rothstein  A2L Consulting Have you ever noticed that when you have someone else take a look at a problem or help edit a document, they find another way to address the issue or find additional areas that can be tweaked?  That is what mock trials serve as, a tool to put additional eyes and minds on a massive set of data and find out where it can be fine tuned and perfected.  The purpose of the mock trial is to educate the lawyers and clients on the case’s... Read more at http://www.A2LC.com/blog

How to Get the Judge to Accept a Supplemental Juror Questionnaire

October 29th, 2014 by Litigation Insights
We often have this conversation with our clients when it comes to a supplemental juror questionnaire. Here’s how the conversation goes some weeks before trial: LI Consultant: How about a supplemental juror questionnaire? Attorney: The judges around here will never go for that. LI Consultant: Have you ever asked for one? Attorney: No There is [...]The post How to Get the Judge to Accept a Supplemental Juror Questionnaire appeared first on Litigation Insights.

Is that eye witness lying? Let’s just check those P300 brain waves…

October 29th, 2014 by The Jury Room
We’ve written before about the inaccuracy of eye witness testimony despite the familiarity of the saying, “I know what I saw!”. But here is newly published research purporting to have been “able to discriminate perfectly between 12 knowledgeable subjects who viewed stimuli related to their activities and 12 non-knowledgeable subjects who viewed only irrelevant items”. What does that mean? Well, let us tell you (and you can also see a more complete description of the experiments here). These researchers wanted to test eye-witness memory through the measuring of brain waves (called the...

Illustrate Digitally to Show the Details Clearly

October 29th, 2014 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
Litigators often need to show details of evidence in court. For example, I’ve litigated a number of cases involving computer programs over my career, and I’ve needed to show images from a computer screen as evidence or in argument. However, a computer screenshot can become ugly and unreadable when blown up and projected in court. This post discusses how you can avoid that problem by having images redrawn with vector graphics that magnify to large sizes smoothly. Avoiding Pixelation in Your In-Court Blow-Ups and Projections The image below shows how magnification can distort an imag...

[New and Free E-Book] Litigation Storytelling and Persuasion – 3rd Ed.

October 28th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting A successful trial lawyer is one who is able to persuade a jury or judge of the truth of his or her client’s case. In order to do that, a lawyer must connect with people on an emotional level. The only way to do that is to tell a compelling story. Stories are the way in which people learn and the way in which they organize reality. Law school may prepare lawyers to build a case around the law, but it doesn’t teach the science or art of... Read more at http://www.A2LC.com/blog

And The Winner is . . . ?

October 27th, 2014 by The Litigation Consulting Report
  by Laurie R. Kuslansky, Ph.D.Managing Director, Jury Consulting A2L Consulting Nurse Kaci Hickox.  After she volunteered in Sierra Leone to treat Ebola patients, she headed to Newark airport to come home. Her timing was impeccable, because a mandatory quarantine was instituted on the ground while she was in the air. That day’s rule change was a reaction by New Jersey’s Gov. Christie to the frenzy caused by New York’s first Ebola patient, Dr. Craig Spencer, who visited... Read more at http://www.A2LC.com/blog

Don’t Assume Prior Convictions Kill Credibility

October 27th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The witness is in good shape and the testimony looks to be great. There's just one little problem in his past: a conviction. Litigators are understandably concerned about any threats to witness credibility, but if that threat comes in the form of a rap sheet, that's viewed as a very damaging fact, if not a ticking time bomb. The effects of a prior conviction are most often written about in a criminal defense context where the research generally shows that the fact of a prior conviction significantly increases the chances of a current conviction, particularly wher...