Metaphors as a Teaching Tool

August 29th, 2014 by Tsongas Litigation Consulting, Inc.
There are times when I’m working with clients when I’ll suggest a colorful metaphor as a way of communicating an idea about the case.  Sometimes these suggestions are well-received, and other times an attorney might be reluctant to implement the idea because they see it as “fluff” that doesn’t contribute to the goal of proving the facts of the case. I have to admit there was a time when I agreed with such sentiments.  As a learner, and then subsequently as a teacher, I subscribed to a “just the facts” approach to the exchange of ideas.  I wanted to know the facts o...

Trial Skills: A new issue of The Jury Expert is up!

August 29th, 2014 by The Jury Room
The August issue of The Jury Expert is up and we think you’re going to want to see this. Here’s a rundown of the articles you’ll find at the website. Demographic Roulette: What was once a bad idea has gotten worse. Authored by Doug Keene and Rita Handrich with a response from Paul Begala, this article takes a look at how the country has changed over the past 2 decades and our old definitions of Democrat or Republican and conservative or liberal are simply no longer useful. What does that mean for voir dire? What should it mean for voir dire? Two very good questions those. If it feels bad...

Tips for Better Presenting Photographs in Court

August 28th, 2014 by Cogent Legal Blog
Well-presented photographs are powerful tools for litigators. In this post, I’ll share some samples that show how we’ve helped litigators use photographs in court, along with a number of tips for getting the most from your photographs in litigation.A Sample Blow-Up Board of Photographs(Click on the images in this post to enlarge them for better viewing.)The sample above illustrates several of our tips at once, in particular:Tip 1: Use many photographs to tell a visual story. In planning for the use of photographs, think broadly about using many images that set a scene for th...

Listen to Jurors, Especially to Juror #13 From Pamela Smart Trial

August 28th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  There is a new documentary in current rotation on HBO and and it's one that trial lawyers and other legal junkies will want to watch. Captivated: The Trials of Pamela Smart provides a detailed look at the 1991 trial of the New Hampshire school employee who was tried and convicted for accessory to murder in a case that later become the inspiration for the movie To Die For starring Nicole Kidman. According to prosecutors, Smart seduced one of the students and then recruited him to murder her husband. What separates Captivated from othe...

7 Reasons Litigation Graphics Consultants are Essential Even When Clients Have In-House Expertise

August 27th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I frequently encounter trial teams that say things like: "My client has some graphics capabilities in-house." "Our client is a top expert in the field, so they want to explain the technology to the jury in their own way." "My client wants to stand up at trial and use a flip chart to explain the science." I hear these and other similar statements most frequently in patent cases and other science or technology-focused cases. On... Read more at http://www.A2LC.com/blog

Just how diverse is this group, really?

August 27th, 2014 by The Jury Room
We often make assumptions when discussing diversity that we all perceive a group’s diversity in the same way. Today’s research shows that simply isn’t so. That is, you and I (depending on our racial in-group) can look at the same group and you might say it is diverse while I say it is not. What makes the difference? It’s an intriguing question. These researchers discuss how diversity means different things to different people and yet, we often discuss diversity as though “everyone ought to know it when they see it”. In other words, we often conceptualize ‘diversity’ as objectiv...

Best Courtroom Presentation Provider, Once Again

August 27th, 2014 by Cogent Legal Blog
We’re honored and thankful that The Recorder has recognized Cogent Legal as “Best Courtroom Presentation Provider” in its 2014 Annual Survey. This is the second year in a row that Cogent received the honor.If you’re one of the people that voted for us in The Recorder’s survey, thank you. We appreciate it. We are glad that we earned your trust, and we will continue trying to deserve it.If you haven’t worked with us yet, we hope you will consider letting us help you over the next year. We’ll do our best to get you into court with graphics and technology ...

Storytelling Proven to be Scientifically More Persuasive

August 26th, 2014 by The Litigation Consulting Report
by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting In my last post, I discussed how important it is for every litigator to tell a story, because jurors will always frame the facts of a trial in the form of a story. As storytelling litigators, we need to relay to our audience: (1) what happened; (2) where it happened; and (3) why we care. We must set the scene: By the time you’re done with your opening statement, your audience should know “what the weather was like”... Read more at http://www.A2LC.com/blog

Don’t Prehabilitate

August 25th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm: It’s always nice to announce a birth, to welcome something new into the world. In this case, weighing in at 15 letters and 6 syllables, it’s a new word: “prehabilitation!” And it’s a pretty useful word for those wanting to understand, teach, and most importantly, fix oral voir dire. The word is the focus of an article in the current issue of The Jury Expert, written by Centre College psychology professor Mykol Hamilton and three of her students (Hamilton et al., 2014). According to the authors, the contraction of “premature rehabilitation” occurs when pan...

Women are easily misled so why not lie to them in negotiations?

August 25th, 2014 by The Jury Room
Back in 2012, we wrote about which gender was the more moral in negotiations. (Spoiler alert: it was women.) Now we have a new article on why women get lied to in negotiations. Not when or if–but why. Basically, people believe women are more easily misled than men and people believe women to be less competent than men. Therefore, “negotiators deceived women more so than men, thus leading women into more deals under false pretenses than men”. The researchers completed three separate studies and (to add insult to injury) these were not experiments using the ubiquitous undergraduate. Th...

RIP Demographics? Well, probably not…

August 22nd, 2014 by The Jury Room
We’ve just published a new article in The Jury Expert that “should” signal the death of the simplistic use of demographics in voir dire and jury selection. Will it? Not likely. Partly this is the fault of courts that are becoming increasingly restrictive of time and the scope of questions posed to jurors. If litigants cannot ask substantive questions, they are left to rely on the broad impressions, which are often wrong and are generally based on stereotypes rather than knowledge of individual biases. Be that as it may, we still think it’s important for all of us to know how chan...

DOAR’s Dr. Roy Featured in Today’s NY Times

August 21st, 2014 by OpenDOAR Blog
DOAR’s Dr. Roy and his interactive quiz  ”Will You Be Seated On A Jury?“ featured in today’s New York Times. TV Habits? Medical History? Tests for Jury Duty Get Personal Do you believe in an “eye for an eye”? What do your parents do for a living? Do you watch “CSI”? “Dateline”? Read PerezHilton.com? Have you ever Read More…

Compare the City and Country Juror

August 21st, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Litigation has one thing in common with real estate: location matters. There will be reliable differences when trying a case in one venue versus another. And some of the most reliable differences come down to the sometimes vast distance between a city jury and a country jury. The distinctions are often measured in politics, but the attitudes can extend far beyond that. Still, politics is a pretty good place to start. For example, try comparing a red/blue map at county level (like the one here), with a nighttime satellite image of America from space (like the ...

Storytelling at Trial – Will Your Story Be Used?

August 21st, 2014 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting In my last post, I discussed the importance of every trial lawyer of developing a two-track procedure in every trial – one track that focuses on developing a convincing story that jurors can instinctively relate to, and one track that focuses on building a record of law and facts for a possible appeal. The first thing that every trial lawyer must do is recognize this two-track necessity and begin to... Read more at http://www.A2LC.com/blog

Planning For Courtroom Persuasion? Use a Two-Track Trial Strategy

August 20th, 2014 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting How early in the litigation process should you think about how a jury will react to your case, your client, or you? When should you begin to develop your case themes and storylines? Which is more important to your chances of winning a trial – having a compelling story to tell, or bringing in solid evidence under the law? Here’s an easy one: When you get to the appeal, would you rather be writing the red or... Read more at http://www.A2LC.com/blog

Be still my heart: A short (one-item!) measure of narcissism? 

August 20th, 2014 by The Jury Room
We are all about short measures of psychological constructs. You might say watching the development of various scales is a hobby here (just look at all these posts!). With rare exception, courts don’t permit lengthy questionnaires, or questions that sound like a psychological screening test. So when the Neuroskeptic blogged about a new one-item scale for narcissism, it got our attention quickly. True to his name, the Neuroskeptic isn’t so sure this is a good measure of actual narcissism–although it is highly correlated with other self-report measures of narcissism. We have different ...

HDMI v. VGA: Time to Upgrade?

August 19th, 2014 by COURT TECHNOLOGY and TRIAL PRESENTATION
Although the HDMI video format has been available for several years now, the majority of courtroom trial presentations are still done with VGA cables and equipment in a 4:3 format. For comparison, the diagram below shows common settings with monitor #2 in 16:9 (1920x1080), and monitor #1 in 4:3 (1024x768). If you’re planning on providing your own projector and associated equipment, you can decide whether to go with something that nearly anyone can connect to (VGA), or with a format that offers a higher resolution (HDMI) with more pixels and a sharper picture. If you’re connecting to an exi...

Take Care With Character Attacks

August 18th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Late last week, as large crowds in Ferguson continued to protest the police shooting of the 18-year-old unarmed Michael Brown, Police Chief Thomas Jackson made two announcements. One, he released the name of the officer involved (Darren Wilson) after it was already released by the hacker goup Anonymous.  And two, he released surveillance footage showing what appears to be Brown stealing a box of cigars and shoving a store clerk. At first, the new disclosure seemed to change the narrative, raising the question of whether Officer Wilson was following up on the...

Jury Duty is So Much More Boring Than You Realize (And How It Impacts Your Presentation Strategy)

August 18th, 2014 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. It finally happened this past week. I was called for jury duty. I have spent my entire adult life studying jury behavior and decision-making. I spent years in graduate school and wrote a dissertation on juror sense-making to receive my Ph.D. in legal communication and psychology. I’ve read thousands of studies on juries. I’ve worked in the field for over a decade. I’ve watched hundreds of mock juries deliberate. Yet, I had never been called for jury duty. There were many surprising things about the experience, but most surprising were the d...

Simple Jury Persuasion: When videos are too persuasive…

August 18th, 2014 by The Jury Room
It’s hard to know why research that is a almost a decade old is seen as fodder for a recent Op-Ed in the New York Times, but so it goes. Jennifer Mnookin, a law professor at UCLA, certainly has an impressive resumé, and it is likely most readers of the NYT are not familiar with camera perspective bias. We blogged about this research back in 2010 and mentioned it in our 2012 article on false confessions. In short, the camera perspective bias research says that when confessions are videotaped, they “should be videotaped in their entirety and with a camera angle that focuses equally on the s...

Did you hear the one about older adults being targeted for fraud?

August 15th, 2014 by The Jury Room
Of course you did. But you may want to take a look at this study because, maybe, it isn’t true after all. It certainly is a well-known myth if it is not true. This appears to be one of those situations where we add up what we know and then come up with a conclusion that just doesn’t appear to be true. Here’s what we know: research on cognitive age-related changes and emotional age-related changes tells us there are indeed shifts that can increase the vulnerability of the older adult to consumer fraud. We conclude, thus, they are defrauded more often. This research, which is actually simp...

How Storyboards Helped Win a Multimillion-Dollar Verdict

August 14th, 2014 by Cogent Legal Blog
A recent case Cogent Legal worked on highlights how storyboards can be a great option for your case presentation.The name “storyboard” comes from animated movies where the entire plot of a movie is made in images, generally drawn by hand, representing six-second intervals of the action for the entire movie. Joe Ranft, formerly head of story at Pixar before his untimely death, was a master of the storyboard, and here’s a tribute made by the Pixar folks after his death using the storyboard format as a memorial to him.I had the great honor to represent Joe’s family in h...

Prepare Your Jurors to be Teachers

August 14th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I've known this since my days as a college professor: If you really want to learn something, then try teaching it. And there's an important principle at the heart of that. The mindset of an active teacher is different -- and better -- than the mindset of a passive learner. When you're taking the knowledge in with the expectation of imparting it later, you think of yourself as an actor, and not just a recipient. As an actor, you're processing information in ways that make for a more sophisticated and durable understanding.  That understanding applie...

“I see my patients as less than fully human”

August 13th, 2014 by The Jury Room
Here’s an intriguing article on how some nurses cope with stress. If you think, based on the title of this post, they do it by dehumanizing their patients, you would be correct. Somehow we think this is not a good thing to admit on the witness stand, but it is an understandable and human reaction to the stressful and often upsetting work that nurses have to do. Essentially, what these researchers found was that “the more patients are perceived as rational and moral, the more nurses are likely to suffer from stress, while the more patients are perceived in terms of instinct, drive, impulsiv...

Jurors bias evidence to help “their side”

August 11th, 2014 by Tsongas Litigation Consulting, Inc.
When I studied juror decision-making in graduate school, I was most concerned about the ecological and external validity of my research. That is, does the design of the study sufficiently replicate real life and are the findings generalizable to the real world? Given that I was studying juror decision-making in a lab, employing undergrads as “jurors”, and using a condensed trial transcript as my stimuli, it’s easy to see that these were legitimate concerns. However, after recently wrapping up yet another shadow jury project, I am more and more confident that research findings do reflect ...

Lawyers, Set Aside Your Own Bias in Voir Dire

August 11th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Every juror with a strong and relevant belief or experience is asked it in oral voir dire: "Would you be able to set that aside and base your decision on just the facts?" Attorneys conducting oral voir dire would do well to ask themselves the same question: "Are you able to set aside your own preconceptions and base your strikes on just the facts you learn from potential jurors?" Of course, we are not used to thinking of the lawyers as the ones carrying the bias. But when engaged in that critical task of assessing the experiences and attitudes of their poten...

Simple Jury Persuasion: When your Muslim female client wears a head-covering

August 11th, 2014 by The Jury Room
We’ve written a number of times about bias against Muslims. But here’s a nice article with an easy to incorporate finding on how to reduce bias against your female client who wears a Muslim head-covering. (In case you have forgotten, we’ve already written about head-coverings for the Muslim man.) The graphic illustrating this post shows the variety of head-coverings Muslim women might wear and the initial findings (as to which head covering style results in the most bias) will probably not surprise you. Researchers did four studies to see how people reacted to Muslim women wearing veils....

12 Ways to Eliminate “But I Need Everything On That PowerPoint Slide”

August 8th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Have you ever heard any of the following during a PowerPoint presentation? "It may be hard to make out the details of this slide." "I'm not sure if you can read this in the back of the room." "In case you can't read this, let me read it for you." "I know there is a lot on this slide, but bear with me." "Let me try to zoom in on this part of the slide [proceeds to fumble with remote]" Of course you have heard these apologetic statements. If you... Read more at http://www.A2LC.com/blog

Do you believe there are Angels and Demons among us?

August 8th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 [THAT's TODAY!] to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita This isn’t a teaser for Dan Brown’s book. In fact, don’t get us started on that. Instead it’s a report on two newer (circa 2013) measures of more credible interest: the Belief in Pure Evil Scale and the Belief in Pure Good Scale. We know. You’ve been waiting forever...

Consider the Credibility of Your Missing Persons

August 7th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Sometimes characters are important, but never seen. For example, Godot is waited for, but doesn't make it to the stage. In HBO's Veep, the President is often the center of the story, but is never seen or heard on screen. Even in the Charlie Brown cartoons, we hear about but never get to meet the "little red-haired girl." There are parallels in the trial world: The list of individuals who play a role in the stories, told by both sides, is generally longer than the witness list. Of course, for those who are truly key to the story, one side or the other wi...

News Flash: Gay people are different than straight people

August 6th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita At least so says CBS News. Recently, CBS News reported on the results of a 2013 Center for Disease Control and Prevention survey (the National Health Interview Survey) of almost 35,000 adults. This was the first time the CDC asked people to report their sexual orientation as part of the surv...

Counter the Plaintiff’s Damages Anchor (Especially When It’s Overboard)

August 4th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  "Shoot for the moon," that motivational saying goes, "and even if you miss, you’ll land among the stars." Sounds nice, until the cynics (the kind who write demotivational posters) add, "...and die in the cold abyss of space." Both the feel-good and the sarcastic versions of that sentiment have a parallel in the psychology of plaintiff noneconomic damages requests. Based on the research showing our powerful tendency to "anchor" on a number, plaintiffs have a good reason to aim high when suggesting a number. They won't always get every dollar, the reasoning goes, ...

“Everyday liars” and “Prolific liars”

August 4th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita The deception research is enough to make you lose faith in humanity. You are left to conclude that everybody lies. You can trust no one. And to make matters worse, most of us can’t identify a liar very well. We’ve written a bit about the deception literature but the work we ...

A Look at “Outside the Box” Trial Practices Endorsed by Courts, but Under-Utilized by Attorneys

August 4th, 2014 by Sound Jury Blog
Share this with:   By Thomas M. O’Toole, Ph.D. In 2007, the American Bar Association (ABA) released its updated Civil Trial Practice Standards. The ABA described the standards as an attempt to “to standardize and promote the use of these innovative trial techniques.” These standards contain recommendations for what many attorneys might describe as “cutting edge” trial procedures. Most important, these recommended trial procedures potentially provide attorneys with critical presentation opportunities to exert control over the trier-of-fact’s perception of the case and the key ...

The Silent Generation: Who are they now?

August 1st, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita The US Department of the Census just released a report on what it is like to be 65+ in the United States and we are sharing some of the highlights with you. We recently wrote about our youngest jurors (the Millennials) and this report highlights our oldest jurors–those 65 years of ...

Problem Play vs Crowd Pleaser: ALLS WELL and MUCH ADO – The Act Of Communication Point Of View

July 31st, 2014 by Legal Stage
Katherine Why are some plays of Shakespeare’s crowd-pleasing favorites? Why are others rarely performed and considered to be “problem plays” by scholars and audiences? And what can lawyers learn from this fact? This summer at Theatricum Botanicum is the opportunity to have the pleasure of seeing two such plays side by side – each one a critically acclaimed and brilliantly delightful production. MUCH ADO ABOUT NOTHING has been one of Shakespeare’s crowd pleasers for centuries. If I told you right now that you could see a show about two people who start out loudly and vehemently decla...

Witness, Mind Your Tone: Eleven Reminders

July 31st, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Jurors often identify with the fact witness, and for a good reason. If there is one person in the courtroom with whom they have the most in common, it is the person in the witness chair - the person who also has no specialized legal training, and was, like them, pulled into the courtroom based on something other than personal choice. That basic affinity can mean that in a conflict, the juror is going to be implicitly pulling for the witness. The exception occurs when witnesses give jurors some reason to set aside that trust. One sure way to set aside trust is to ...

10 Things Litigation Consultants Do That WOW Litigators

July 30th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting As CEO of a litigation consulting firm offering litigation graphics consulting services, jury consulting services and trial technology support services, I hear the word "wow" quite often from A2L's clients, and I know our talented competitor firms hear the same. Usually, when I hear it, someone has wildly exceeded a client's expectations, one of our people came through in a pinch or someone on our team went without sleep for even longer than the... Read more at http://www.A2LC.com/blog

How to Control the Courtroom through a Smooth Presentation

July 30th, 2014 by Tsongas Litigation Consulting, Inc.
It’s a common concern that more mistakes will happen if someone else runs the presentation in the courtroom — that the only way for the job to be done right is to do it yourself.  This is before adding the element of chance that an on-the-fly presentation tool like TrialDirector puts into the mix. This assumption is both right, and wrong. You might wonder how this can be. One way for things to go awry is by having an inexperienced in-house associate, paralegal, or assistant handle trial tech. It’s not that they’re unable to create or manage a basic presentation, but the fa...

We agree and thus, I am certain we shall prevail

July 30th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita Here’s an intriguing study about how consensus is assumed and how it may inspire both activism and a false sense of confidence about the future. Despite a new Pew survey showing the perception is not accurate, conservatives assume more consensus among those sharing their political...

Beautiful Graphs of Large Data Sets for Litigation

July 29th, 2014 by Cogent Legal Blog
Numbers, and the interpretation of numbers, play a big role in litigation. Presenting numerical data in court often requires a good graph of the numbers to show changes and trends in the numbers.Litigators or litigants may be able to make simple graphs themselves using Excel. However, more complicated graphs benefit from expert tools like Adobe Illustrator. For example, the chart below shows a comparison of the performance of Apple and Microsoft stock over the last decade (click to enlarge for better viewing of the graph). Use of Large Data Sets for GraphingBoth Excel and Illustrator can cr...

Mock Trials: Do They Work? Are They Valuable?

July 29th, 2014 by The Litigation Consulting Report
by Elise Jefferson, M.A. A2L Consulting One might think it would be easy to run an experiment that could definitively conclude that mock trials are effective at predicting the outcome of a trial. If one could, it would solidify the value of mock trials in the eyes of litigators and consultants, and it would make mock trials a nearly mandatory part of the trial preparation process. However, like many areas of trial preparation, mock jury trials are complex and involve an almost infinite number... Read more at http://www.A2LC.com/blog

Making the Most of Voir Dire When You’ve Got 15 Minutes

July 29th, 2014 by Litigation Insights
“Fifteen minutes a side. Make it count.” And with that, the judge left the bench. Everyone froze. The lead lawyer looked at me; I looked at the lead lawyer. The opposing attorneys looked at each other. And then, chaos reigned. We dashed to our separate attorney conference rooms, both sides frantically trying to figure out [...]The post Making the Most of Voir Dire When You’ve Got 15 Minutes appeared first on Litigation Insights.

Fight False Equivalency Among Experts

July 28th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Consider the expert witness mismatch: One expert represents the common mainstream scientific view, while the other expert is there to support a theory that lies on the far side of the credibility spectrum, and may have just barely survived a Daubert challenge. Yet what jurors see is an equivalency. One expert is on one side, and one is on the other. The views of a wackier expert may represent one percent or less of the relevant scientific community, but in the courtroom, that expert rises to 50 percent of what is shared. The comedian John Oliver noted this p...

Disgust and lost confidence in our institutions

July 28th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita For several years now, we have watched our mock jurors express increasing disgust at government, large corporations, and politicians. We have written before about their unwillingness to identify with a national political party and the 2014 Gallup Poll showing the same pattern we have bee...

Teaching people about neuroscience can make them softer on crime!

July 25th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita We regularly follow the neurolaw literature and about a year ago, we blogged about how judges are softer on crime when educated about the brains of psychopaths. Well. Judges are people too and a recently published study shows it isn’t just judges who are affected by neuroscience ed...

7 Questions Will Save You Money with Litigation Graphics Consultants

July 24th, 2014 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting I have been running an organization that offers litigation graphics consulting as one of its services for nearly 20 years. I've worked with both large and small law firms, I have worked with clients in many countries, and I have worked on large and small cases. After all that experience, spanning thousands of cases, I can split up the clients who engage A2L Consulting for litigation graphics consulting work into two camps: "Do This" Clients "Help Us"... Read more at http://www.A2LC.com/blog

Emphasize the Civic Role of Your Civil Trial

July 24th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Alexis de Tocqueville, France's number one America fan back in 1835, was particularly fond of our jury system. In an oft-quoted passage, he said that "The jury, and more especially the civil jury, serves to communicate the spirit of the judges to the minds of all the citizens; and this spirit, with the habits which attend it, is the soundest preparation for free institutions." I added that emphasis to "especially the civil jury" because, in this case, the philosopher's theory doesn't quite square with the empirical reality. A new research article (...

Male body shame and aggression against women (“rape proclivity”)

July 23rd, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita This is an odd study from which researchers draw conclusions about sexual aggression that seem unwarranted. The research involved causing men to feel their identity as men was being insulted by women, and gauging the hostility of the reaction. The methods they used to elicit aggression f...

Step by Step Development of an Animation That Helps Settle a Case

July 21st, 2014 by Cogent Legal Blog
We all know the power of a well-done animation in front of a jury. Such animations can help visually explain concepts in moments instead of in hours. However, they can also be instrumental in settling a case.This fact was true in a recent case handled by Andrew Klimenko of the Choi Law Firm. Andrew hired Cogent Legal to help with a complicated multi-car automobile accident that resulted in the death of one of the occupants. The CHP officer found primary fault with the defendant driver of the cab company, who was speeding and ran into the back of decedent’s Lexus, causing it to spin and...