The Critical Importance of Practicing Your Voir Dire

August 15th, 2019|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. Despite what Allen Iverson might say (search “Allen Iverson” and “practice” on YouTube if you do not get this reference), practice is essential to the successful development of any skillset. In competition, competitors get better by practicing. This is why it is surprising to me that most attorneys do not practice their voir dire before the day of jury selection, particularly when so many also preach about primacy theory and the need to make a good impression right off the bat. Statistics indicate that fewer and fewer cases make it to trial, which means most

Know What Drives Juror Perceptions of Medical Device Liability

August 15th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Medical practitioners know that, for all its wonders, modern medicine is still a matter of chances not guarantees. In other words, in practice, medical interventions are often a matter of improving the patient’s chances at life and quality of life, but not necessarily guaranteeing success at either. That tends to be true in the world of medical devices as well. Today, a wide variety of devices have made life more livable for millions of people. But these devices are not without complication, and do not improve things for everyone. Viewing that through the litigation lens, it

Sunk Costs

August 15th, 2019|2's Company - Magnus Insights|

I recently had a conversation with a potential first time client who requested a proposal, a request I granted as always. I followed up with a call and the discussion quickly moved to the price. That’s not uncommon. But, what struck me in this conversation was that he stated that he, and his partners, had spent so much money on this potentially multi million dollar case that he was not sure he could get the partners to agree to put more money into it. As we discussed the situation, in which they represent the plaintiff who is seeking a multi

How to Counteract the Anchoring Effects of a Plaintiff’s Damages Request

August 15th, 2019|Litigation Insights|

Question: How did the jury arrive at the decision to award the plaintiff $20 million in damages? Actual Juror #1: We came up with a percentage approach, and that’s what we all discussed. We started with what she was asking for – $80 million, which seemed like a very high amount, and went down and down from there. Actual Juror #2: None of us had been on a jury before, so we had no idea where to start. What’s a life worth? It would have been nice to have some precedent to go by, but we didn’t. So, we started with

Learn from TED: Present Your Best in Front of Large Audiences (Part Two)

August 12th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: In Part One of this two-part post, I discussed the remarkable success of the “TED Talk” formula in repopularizing the idea of a single-speaker, large-audience presentation. I noted that the format is worth looking at for lawyers and others who present legal CLE’s, often in front of large conference audiences. The question is, “Could lawyers and other legal presenters have more success by acting more like TED speakers?” I think the answer is, “absolutely, yes.” I reviewed some of the most successful TED talks and came up with ten common principles, my “TED Commandments” for large-audience

Top 10 Articles About Opening Statements

August 12th, 2019|The Litigation Consulting Report (A2L Consulting)|

The opening statement is, in most trials, the most important part of the case. Here, biases are formed and overcome, attention levels will be at their highest, and up to 80% of jurors will make up their minds about who will win. Over three decades, A2L Consulting has supported the development of thousands of opening statements. It's where our trial-lawyer clients and we invest the most time and energy. Our work has typically included: the creation of persuasive PowerPoint presentations to accompany well-developed opening statements to; practicing and refining an opening statement 100+ times until it is perfectly delivered; testing versions of opening statements in