Like thrillers? Scary movies? How do you feel about immigrants?

February 27th, 2015 by The Jury Room
So here’s a strange study. Or perhaps an unexpected outcome. We enjoy a good suspenseful thriller but never knew it might be messing with our political beliefs. Wait until you see this! The researchers were curious about how various forms of physiological reactivity (aka anxiety) would affect a political belief about one particular issue: attitudes toward immigrants. So they recruited 138 males with an average age of 22.8 years (men and women react differently to physiological reactivity and it is common to do single gender studies in this area) to participate in the study. Essentially, the ...

Don’t Chew Gum and Testify at the Same Time (and Don’t Believe Every Study)

February 26th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Most witnesses in trial or deposition would know enough not to testify with a big wad of chewing gum in their mouths. Only, these witnesses probably haven't heard about a new study that purports to show that, when gum-chewers are compared to non-chewers, those chewing gum are viewed as more friendly, more popular, more approachable, and even sexier. The study involved several pairs of identical twins, identically dressed in various ways, and sitting in identical posture in front of the research participants. One twin was chewing gum while the other was told to si...

Would You Put in a Full Day’s Work for $6? Jurors Do.

February 26th, 2015 by CourtroomLogic » Blog
Time.com recently published, “How Being A Juror Is Worse Than Working at McDonald’s.” The article focused on current attempts to seat impartial jurors for both the Tsarnaev (“Boston bombing”) trial, and the Holmes (“Aurora theatre shooting”) trial. The author boldly stated: Jurors who are selected for these high-profile trials will devote nearly half of the year to deciding the fate of the defendants, all while being paid near-poverty wages. If one glances at the juror pay throughout the states, it’s really quite appalling.  Annual rates are ...

[New Webinar] 5 Ways to Maximize Persuasion During Opening Statements

February 25th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting If you can win the battle of opening statements, you'll likely win your trial. Up to eighty-percent of jurors will make up their minds about your case during opening statements. In this webinar you'll learn the top-five ways to maximize persuasiveness during opening statements. From how to tell compelling stories to visually supporting your key arguments, this one-hour will reveal the best secrets from courtroom persuasion experts. Ryan H.... Read more at http://www.A2LC.com/blog

How headlines can help you pick a jury 

February 25th, 2015 by The Jury Room
CNN just ran a cover story on what they call “Southern Discomfort”. The story is all about the status of same-sex marriage in the United States and the discomfort with it, especially in the southern states.   If you are going to trial soon, it would serve you to consider whether the attitudes, values and behaviors that result in antipathy toward same-sex marriage will play for or against your specific case. The CNN story leads with two men and two women who come from very religious backgrounds and also both recently married in Alabama. CNN explains that same-sex marriage is now legal in 3...

Reversing Stampedes – How Minorities Change Majorities

February 23rd, 2015 by OpenDOAR Blog
By Sidney K. Kanazawa and John G. McCabe War and sports metaphors used by lawyers to describe their work neither capture the true “story” nor create the environment necessary to resolve disputes. Instead, we need to rewrite our stories and embrace the ideas underpinning the strategies made famous by great Civil Rights leaders. Read More…  

Pre-empt the Post-Hoc: Teach Jurors to Resist the Causal Illusion

February 23rd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The rooster can’t take credit for the sunrise. While the crowing tends to occur just before dawn, it does not cause the sun to come up. Thinking that “A” then “B” means that “A” caused “B” is a well-known logical mistake and fallacy. In Latin, it goes by the name post hoc ergo propter hoc, meaning “after this, therefore because of this." That kind of reasoning is also studied as a cognitive bias – the “illusion of causality” – and a long line of research shows that it is a very powerful illusion. Practical experience confirms that...

Misremembering: Brian Williams and our  distrust in mass media

February 23rd, 2015 by The Jury Room
I grew up listening to the television news with (Uncle) Walter Cronkite and my dad every night. I had a morbid fascination with his recitation of the body count of soldiers in the Vietnam War and silently said his sign-off line along with him: “And that’s the way it was…” and then a repeat of the day’s date. Walter Cronkite reported the news. He had credibility and gravitas. He was a cultural icon in a more innocent time. Flash forward to the present and I have not watched the evening news with any regularity for at least two decades. There is simply no need with breaking news alerts...

Comparing a Market Research Facility versus a Hotel When Conducting a Mock Trial

February 20th, 2015 by Litigation Insights
While there are several options, our experience at Litigation Insights over the past 20 years has identified two main facility venues to choose from when preparing to conduct a mock trial or focus group – a Market Research Facility or a Hotel/Conference Center[1].  Both options have advantages and disadvantages when it comes to logistical preparations [...]The post Comparing a Market Research Facility versus a Hotel When Conducting a Mock Trial appeared first on Litigation Insights.

This and that: Knee replacements, privacy fails, and jurors  advising judges

February 20th, 2015 by The Jury Room
From time to time, we bring you tidbits that we don’t want to devote a whole blog post to but still find interesting. Today we’ll cover medical devices that are not FDA approved, the belief that social media has killed privacy, and a novel experiment in which jurors help judges make sentencing decisions. You might want to make sure that medical device is FDA approved… This one is hard to believe but a non-FDA approved medical device was sold (and ostensibly used) about 18,000 times before the government shut it down. The device was the OtisKnee which was used in surgeries for knee repla...

Check Your Language Level

February 19th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The image of the trial lawyer that comes closest to our ideal might involve the advocate standing in front of the jury or the bench, waxing eloquent in oral argument. But the reality is that, even for lawyers who get to trial frequently, they're writing more often than they're speaking. Before, after, and often instead of those opportunities for oral persuasion, they are drafting briefs, motions, and memos. As attorneys get used to that written style, it can become difficult to gauge how comprehensible they are. You think you're being perfectly clear -- and you a...

 Psychopaths cannot understand punishment—what does that mean for the courtroom?

February 18th, 2015 by The Jury Room
At least that is the headline we’ve been reading about this research. We’ve written before about the psychopath. They are typically characterized as scary and “other” than us—not like us at all. They have been described as without conscience, and yet some of them are involved in corporations rather than prison. There actually are researchers who would say that because the brains of psychopaths are abnormal—they should not be punished for their behavior. Today’s spotlight is on an article which is of that ilk. These researchers say “one in five violent offenders is a psychopath...

Protect Your Witness Prep Work Product

February 16th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Is there anything wrong with a witness meeting with a communication specialist in order to prepare for deposition or trial testimony? Maybe 30 years ago, the answers would have been "yes," "maybe," or "best not to arouse suspicions." But trial consulting has come a long way from those early days when witness preparation facilitated by specialists was sometimes seen as just a new way of woodshedding. Now, the practice is quite normal. In higher stakes cases, it is a safe bet that both sides are bringing in communications or psychology experts to help the fact witn...

When your parents help researchers make you believe  a lie 

February 16th, 2015 by The Jury Room
Thanks to us, you know researchers trick people into eating dog food, put them in MRI machines that just happen to have snakes in them, and do other nefarious things. But did you know they sometimes enlist your parents in their deception? It is sad, but apparently true. Although these UK and Canadian researchers did not tell the helpful parents they were being used to help researchers lie convincingly to their young adult children. Of course you know that science—and surely social science in particular—is driven by pure and noble intentions. Never does being deceived feel so warm and fuzzy...

Jury Consultants or Litigation Consultants? Why Not Both?

February 13th, 2015 by Tsongas Litigation Consulting, Inc.
Several high profile criminal cases are currently underway in our country: that of Erath County trial of Eddie Routh, accused of murdering former Navy SEAL Chris Kyle and Chad Littlefield, the trial of Dzhokhar Tsarnaev, the accused Boston Marathon bomber, and the murder trial of former New England Patriot Aaron Hernandez, to name a few. With such talked about criminal trials underway, the news media has turned to trial and jury consultants to inquire about juries, jury selection, and jury behavior in the sensationalized drama of much publicized criminal cases. And the trial consultants have r...

Would you get sucked in to conspiracy theories?

February 13th, 2015 by The Jury Room
Well, perhaps you could rule out Bigfoot conspiracy theories, but what about the rest of them? We’ve written about some of the more unusual conspiracy theories here as well as those that simply show up routinely as we complete pretrial research. Regular readers here know that we use those cognitive leaps characteristic of the conspiracy theorist to plug holes in case narrative. Recently, we wrote about the relationship of uncertainty to conspiracy beliefs and today’s article is similar (although different). And, back in 2013, we wrote about our wariness in selecting anyone with extreme (i...

Check Those Emotions

February 12th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  “You are not to cry,” the judge sternly warns the witness on the stand, a mother looking at postmortem photographs of her son. It seems like a pretty harsh and heartless instruction from the judge, especially to those less acquainted with the legal system. But this scene that played out last week in the trial of Aaron Hernandez, the former New England Patriots football player, reflects the court’s familiar suspicion over the role of emotions in trial. The murder victim’s mother, Ursala Ward, had already walked out of the courtroom sobbing on a couple of o...

Can Facebook “Likes” Predict Juror Personality Traits?

February 12th, 2015 by CourtroomLogic » Blog
Facebook celebrated its 10th birthday last week, and I’m sure it’s no surprise that it’s more popular than ever. According to a recent study by Pew Research, 71% of internet users are on Facebook… and more than half of those Facebook users are ages 65 and older. Facebook. It’s not just for kids anymore. When it comes to your potential jury pool, it’s likely that at least half will be on Facebook. Their pages may have some strict privacy settings and make it impossible to view their information, but what if a potential juror has a public page? If youR...

Do I Need a Local Jury Consultant? Maybe. Here are 7 Considerations.

February 12th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Do I really need a local jury consultant? It's a question that I hear our clients struggle with frequently. The answer is maybe you do, maybe you don't. The gut instincts of many are that a jury consultant who regularly works in the jurisdiction will provide special insights that trial counsel, often admitted pro hoc vice for purposes of trial, could use to persuade the jury more effectively and have first-hand knowledge that will help in jury... Read more at http://www.A2LC.com/blog

There is a “naive faith in the trustworthiness of brain imaging data”

February 11th, 2015 by The Jury Room
We’ve seen the claims that people don’t find brain scans as alluring as they used to, but here is a study that says, “not so fast!”. It’s an oddly intriguing study involving not only invoking pretty pictures of brain function but also political affiliation and how that factors in to what one chooses to believe. Much attention over recent years has been given to “an attack on science”, with many public figures (including elected officials) insisting that evolution is a hoax, climate science isn’t real, and vaccines are somehow more harmful than helpful. [For the record, here at ...

Expect Injustice from a “Just World” Belief System

February 9th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  After traveling to Syria in the midst of a brutal war, 26-year-old Kayla Jean Mueller was captured by ISIS six months ago. The terror group now claims she was killed in a Jordanian airstrike while Americans hold out a little hope that she might be alive.  As much as we understand the horror and sympathize with her family, for how many of us is our first thought something like this: What was she doing in a place like that in the first place? She is an aid worker who has worked in some risky places in the past, but a young American woman travelin...

Focus Group vs Mock Trial: Which is the Best Choice for You?

February 9th, 2015 by Litigation Insights
When contemplating doing jury research, almost every client asks us, “Should I conduct a mock trial or focus group?” The answer is almost always, “It depends; what do you want to learn from the research and where are you in the litigation cycle?” Jury research that provides valid results you can rely on should always [...]The post Focus Group vs Mock Trial: Which is the Best Choice for You? appeared first on Litigation Insights.

Trial Tips – The Friends and Family Plan

February 8th, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
Dr. Laurie Kuslansky recently shared a few examples of how trusting friends and family members for litigation advice might be less than optimal (see No Advice is Better Than Bad Advice in Litigation). Although there are many good ways to save money, there are at least as many bad ways to save money. Cost does not always equal value.This article is number 4 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...

Is Litigation Coming for Major Retailers of Herbal Supplements?

February 6th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting In case you missed it, the New York Attorney General's Office dropped a bombshell this week. They have accused major retailers including Wal-Mart, Target, Walgreen's and GNC of knowingly selling supplements that contain either none of what is advertised (an incredible 80% of the time) or something else entirely. The herbal supplement industry is estimated to have close to $100 billion in annual sales. That's about five times the revenue of... Read more at http://www.A2LC.com/blog

Notice the Norm

February 5th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  It's normal to vaccinate your kids, at least for most of us it is. The exceptions to the rule have recently brought back a disease the U.S. "eliminated" in 2000. In the first month of this year, measles visited Disneyland, and then infected hundreds of people so far in fourteen other states. This unexpected comeback is due in large part to those who don't vaccinate based on personal beliefs about autism and other risks. As long as the numbers of anti-vaxxers stay small, then something called "herd immunity" continues to protect us all: If 94 to 96 percent are vac...

The Best Time to Prepare Your Trial Graphics

February 4th, 2015 by Litigation Insights
Each new case brings a special pressure you know all too well: budgeting your time and your client’s money efficiently and effectively. Along the way, crucial elements, such as your trial graphics, may fall by the wayside, but waiting too long to begin work on them may prove costly. Given their persuasive and communicative power [...]The post The Best Time to Prepare Your Trial Graphics appeared first on Litigation Insights.

How PowerPoint Failures in Demonstrative Evidence Can Sink a Case

February 2nd, 2015 by The Litigation Consulting Report
  by Ryan H. Flax Managing Director, Litigation Consulting A2L Consulting We strongly advocate that counsel must use a visual presentation to support his or her oral argument at trial (and anywhere they need to be persuasive). This most commonly happens during opening statements and closing arguments at trial and the dominant format for such presentations is PowerPoint – a very good tool. However, like cutting your own hair or doing your own dental work, we must again caution you that... Read more at http://www.A2LC.com/blog

Effective Digital Communication DURING Litigation

February 2nd, 2015 by Tsongas Litigation Consulting, Inc.
Your Team’s Digital Litigation Communication When it comes to trial time in litigation the stress levels are high and the stakes are even higher. Misinterpretation of information among a trial team can cause even more friction at a time when there’s no more room for error. Rapidly evolving digital communication is changing how messages are sent, and if we aren’t careful, the message we intend to send may not be the message received. Successful communication happens when the content of a message has the same meaning to both sender and recipient. It’s a common misperception that othe...

Template Your Trial Tale

February 2nd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  It's said that there's a story hiding in every case. And sometimes, depending on the attorney's style and habits, that story can be hiding pretty darned well. An emphasis on presenting based on accumulated facts within a topical division of issues -- a style taught in law school and prized in briefing -- can end up submerging the basic story at the heart of the case. Even when a timeline is used, the key hallmarks of scene, character, and plot that distinguish a simple sequence from a story are often missing. In the continuous stream of facts,...

Microsoft Outlook App for iOS (iPhone, iPad) and Android

January 31st, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
Overall, I've been satisfied with the iOS mail and calendar apps. They are relatively easy to set up, and offer most of the features you need in a business-level system. So when I noticed the new release by Microsoft of Outlook for iOS, I wasn't too excited. Why replace something that works just fine, especially when the existing app is an iPhone/iPad default program? Why? One word: Attachments.I haven’t explored all of the functions and options yet, but after about 5 minutes of trying the app on my iPhone, I set it up as my default email program. The main reason is that you can link your Dr...

5 Tips For Inter Partes Review Hearing Presentations at the PTO

January 29th, 2015 by The Litigation Consulting Report
  by Ryan H. Flax Managing Director, Litigation Consulting A2L Consulting Inter Partes Review, or IPR, has drastically changed the way we litigate patent infringement in the U.S. In big-budget patent cases, it is now almost inevitable that an IPR will be requested (and likely granted). The process is supposed to take no longer than a year to complete, but under current case law that’s a year’s delay in the district court case. Moreover, the odds are that any patent that enters IPR will... Read more at http://www.A2LC.com/blog

What Does Adding a “Hot Seat” Operator to My Trial Team Cost?

January 29th, 2015 by Litigation Insights
Fifteen years ago there was a very small group of hot seat operators that were competent and trustworthy enough to run your technology in the courtroom. These days there are a lot of well-qualified hot seat operators across the country. This isn’t just an IT professional sitting behind a computer; this is a significant role [...]The post What Does Adding a “Hot Seat” Operator to My Trial Team Cost? appeared first on Litigation Insights.

21 Ways Trial Can Be Like a Blizzard – But It Never Has to Be

January 26th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting We East Coasters have a love-hate relationship with snow, and the snow moving into the Northeast today may be one for the record books - particularly around Boston. It will dominate the news for days - and it probably should. An incredibly large number of people will be impacted by this particular storm. Under or next to that red line on the map where the storm is forecast to hit, you'll find roughly 20% of the U.S. population living on... Read more at http://www.A2LC.com/blog

How Long Should Closing Arguments Last in a Trial?

January 23rd, 2015 by Litigation Insights
Toward the end of a grueling, contentious, four-month-long insurance coverage trial, I was summoned to the courtroom by the trial team. They were in the midst of a conference with the judge and the other side, addressing the logistics of closings. “The other side wants to close for an entire day. Should we give it [...]The post How Long Should Closing Arguments Last in a Trial? appeared first on Litigation Insights.

9 Things In-House Counsel Say About Outside Litigation Counsel

January 21st, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting One month ago I wrote an article titled 9 Things Outside Litigation Counsel Say About In-house Counsel, and we recently included it in our free In-House Counsel Litigation Toolkit e-book. It is a popular piece read by several thousand people so far. Today's article looks at what is being said by in-house counsel about outside litigation counsel. I've spent a lot of time talking with in-house counsel from large companies over the past two... Read more at http://www.A2LC.com/blog

Join the Jury – NLJ’s 2015 Best of Survey is Now Accepting Votes

January 20th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting There are many annual surveys that help rank law firms, specialty legal training programs and legal vendors and consultants. The annual Best of The National Law Journal is the crown jewel of these surveys. A2L Consulting is honored to have been nominated and voted best litigation graphics provider and best jury consultants in this and other polls many times before. By voting in such surveys, I believe we make our industry better by... Read more at http://www.A2LC.com/blog

Effective Witness Preparation, Miss America, and the Essence of Communication

January 20th, 2015 by Litigation Insights
When talking to witnesses at the start of our witness preparation sessions, we always tell them that the lessons learned in the process will help them communicate beyond the courtroom and into their everyday and business lives. That is, the themes and strategies necessary to be an effective witness translate directly into the workplace, in [...]The post Effective Witness Preparation, Miss America, and the Essence of Communication appeared first on Litigation Insights.

The Boston Bombing Jurors: Can Tsarnaev Get a “Fair” Jury?

January 19th, 2015 by Tsongas Litigation Consulting, Inc.
The attorneys in the Boston Bombing trial have the daunting task of picking a fair and impartial jury in one of the most highly publicized crimes in our country’s recent history.  Is it possible to find a juror who has no knowledge of the case? Unlikely. Is it possible to find someone who has not formed an opinion about the case? Doubtful. Everyone seems to agree that the balance is definitely tipped in favor of the prosecution. But does that mean that it’s impossible to get a “fair jury”? Maybe not. While most potential jurors will come to the jury selection process with some knowl...

Juror Insight Focus Group DVDs – Video Previews and Sale Info

January 18th, 2015 by jurorproof
About 6 months ago, I posted that I would be running six different focus groups on issues most central to trial lawyers. The focus groups are finished and ready for sale. Below you will find details about the focus group content. This is a way to get focus group feedback extremely inexpensively. I recruited two groups of jurors from Denver and the surrounding areas and tested three topics with each group. In addition, when you purchase a DVD, I will send you a list of some time stamped talking points where I give my commentary and feedback on what the jurors are saying. This gives you an oppor...

Boston, a Bomb of a Trial

January 15th, 2015 by The Litigation Consulting Report
  by Laurie R. Kuslansky, Ph.D. Managing Director, Jury & Trial Consulting A2L Consulting Want a change of venue? Think again. Judge O’Toole and the U.S. Court of Appeals for the First Circuit turned down the defense’s attempts to change the venue. Even though Boston is where the horrifying Boston Marathon Bombing happened, that is where the jury pool will come from to judge the surviving Tsarnaev brother, Dzhokhar. Will there be enough jurors? Here, 1200... Read more at http://www.A2LC.com/blog

The Key to Finding the Best Courtroom Technology Consultant Every Time

January 14th, 2015 by Litigation Insights
Many people think finding courtroom technology consultants or “hot seat” operators is easy to do. After all, anyone can run a presentation with a few PowerPoint slides for a couple of days during a trial. Yet, few trials are quite that simple. When the stakes are high and the demands are numerous, you need someone [...]The post The Key to Finding the Best Courtroom Technology Consultant Every Time appeared first on Litigation Insights.

Use Your iPhone6 for Better Presentations

January 13th, 2015 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
With the introduction of larger screens for the iPhone 6 and iPhone 6 plus, attorneys now have another powerful tool in the world of presentation equipment. Whether planning a presentation for court or mediation, it’s worth trying to use your iPhone while presenting. Having your phone in the palm of your hand, and using it as a reference for your notes and as a clicker to advance your slides, allows you to move around a room more naturally than if you’re confined to a table or podium where your laptop screen sits. The recommended apps below work even better on the iPhone 6’s larger scree...

Do Jurors Really Follow the Jury Instructions?

January 13th, 2015 by Litigation Insights
“Jurors must decide cases based on the laws as they are and not as the jurors might like them to be.” This quote from the Montgomery County’s Court of Common Pleas’ website nicely summarizes how juries are supposed to decide cases. Jurors must put aside their feelings and follow the law as explained by the [...]The post Do Jurors Really Follow the Jury Instructions? appeared first on Litigation Insights.

Shifting the Perspective of the Case Theory to Present the Strongest Story

January 13th, 2015 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. Every successful strategy development session I have conducted with clients culminated in an “a-ha” moment, where we collectively came to some sort of realization about the case…a moment of clarity you might say…that fundamentally changed the way we presented the case at trial. These are the moments strategists live for and they are the difference makers when it comes to strategy development. The vast majority of these moments tend to result in a perspective shift for the case theory and story. In other words, the realizations usually res...

Implications for 2015 Workplace Litigation, Voir Dire and Trial

January 12th, 2015 by The Litigation Consulting Report
  by Laurie R. Kuslansky, Ph.D. Managing Director, Jury & Trial Consulting A2L Consulting Q:  Per Glass Door’s 10 Biggest Job Likes and Gripes of Employees for year-end 2014,1 what do you think topped the lists of likes vs. gripes: co-workers or pay? A:  Good vs. annoying co-workers topped the lists; good vs. low pay trailed in slot 5: 10 Biggest Job Likes of Employees 1. Great Co-workers 2. Work Environment 3. Good Benefits 4. Interesting... Read more at http://www.A2LC.com/blog

ICYMI: New Voir Dire E-Book, CEO Interview and 6,000 Subscribers

January 9th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting It's been quite a week at A2L Consulting, and I want to share three pieces of good news and some valuable resources with you to round out the week. Unbelievably, we crossed the 6,000 (free) subscribers threshold this week at The Litigation Consulting Report blog. I say "unbelievably" because we only just crossed the 5,000 subscriber mark three months ago. Clearly, publishing valuable information for the litigation marketplace is both something... Read more at http://www.A2LC.com/blog

Curiosity Promotes Learning

January 7th, 2015 by Tsongas Litigation Consulting, Inc.
A teaser trailer for the new Star Wars movie came out recently, sending fans of the series, including my 3-year old, Emperor-obsessed niece, into a frenzy. The trailer is roughly 90 seconds long and provides very little information about the movie’s plot, but that hasn’t stopped people from analyzing it to death. The trailer is designed to only pique our curiosity and leave us wanting more, at which it’s been quite successful.   Curiosity is a fascinating mental state in which little has been studied. However, new research demonstrates the neurological mechanisms of curiosity and e...

When Will Jurors Find the Plaintiff Sympathetic?

January 6th, 2015 by Litigation Insights
No two plaintiffs are alike, and neither is the sympathy two plaintiffs will generate from jurors hearing their individual stories in a case. Which plaintiffs do jurors have sympathy for? What affects juror sympathy for a plaintiff? What is the best way to identify jurors who may be more sympathetic? In this post, we explore [...]The post When Will Jurors Find the Plaintiff Sympathetic? appeared first on Litigation Insights.

When Photos Don’t Tell the Story in Litigation

January 6th, 2015 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
While a picture is surely worth a thousand words, there are times when photographs of a scene don’t cut it for case presentation. In many cases, the scene may have substantially changed from before the incident occurred. This is most common in personal injury cases when a car is damaged beyond recognition, a building collapses or another catastrophic failure occurs. Cogent Legal worked on a recent case that is a great example of pictures not telling the story alone. It involved three plaintiffs, two represented by Anthony Label of The Veen Firm and one represented by Steven Bell of Jo...

Thinking About The Dynamic of Deliberations

January 2nd, 2015 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. Happy New Year to all of the readers out there! I hope 2015 brings everyone the best in their litigation practices. One of my New Year’s resolutions is to provide more frequent updates to the blog in an effort to continue providing reliable and practical advice for implementing strategy over the course of a lawsuit. One critical issue that rarely receives the attention it deserves is the dynamic of jury deliberations. Consideration of the dynamic should significantly influence decisions about strategy development, yet this rarely occurs. I thin...