How Do I Become a Successful Expert Witness?

June 22nd, 2021|Litigation Insights|

When you’re an expert witness, standing out among the competition and finding long-term success is no easy task. As a consulting firm constantly working with attorneys and their witnesses, we at Litigation Insights have heard, and seen, the horror stories: Witnesses can be tough to work with, exhibit behaviors and body language that damage their credibility, and/or struggle to present their ideas to a layman audience in an understandable, persuasive way. These problems only compound with experts, who tend to provide crucial testimony on particularly dense material. Indeed, too often, attorneys tell us an expert will pass the interview with

Voir Dire: Select on Attitudes, not Race

June 21st, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Juneteenth is now a federal holiday, and even as many would prefer action on voting rights protection, equal access to education and healthcare, and police reform, the symbol is still important. It highlights both the progress and the work to be done on race in this country. In our courtrooms, race is still one of the salient demographic factors that a juror might bring to their evaluation of a case. The conventional thought among experienced consultants and attorneys who pick juries, however, is that even setting Batson and parallel cases aside, it is simply more effective to

Are attorneys more persuasive when expressing anger? Online Jury Research Update

June 19th, 2021|ComCon (Kathy Kellermann Communication Consulting)|

Emotional expression is a key part of trial advocacy for attorneys. Many attorneys are encouraged to demonstrate conviction through the expression of anger as a way to gain credibility with juries. Salerno and colleagues (Salerno & Phalen, 2018, 2019; Salerno et al., 2018) conducted a series of experiments involving nearly 700 participants from across the country to test whether expressing anger in court makes attorneys more effective....

Don’t Oversell Your Limits

June 17th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Now that the coronavirus vaccinations are moving toward the point of critical mass, it might be safe to think back on the early weeks of the vaccines’ roll-out. At that stage, many health officials were emphasizing the limits of the vaccine. The message went sort of like this: “It’s no guarantee against the virus, you might still get sick and you might still pass it on to others, so keep avoiding large gatherings, keep social distancing, and keep wearing that mask.” In response to that message, many wondered, “Okay, so why are we getting the vaccine

“L” is for…Lions! The Peril of Blind Spots in Litigation

June 15th, 2021|The Sound Jury Library (Sound Jury Consulting)|

As a die-hard Seahawk fan, I have little trouble finding ways to ridicule other teams, but boy did the Detroit Lions make it easy for me the other day. Spot it? When you’re already one of the worst teams in the NFL, advertising it with a giant “L” for your logo doesn’t make a lot of sense.  It begs the question, who thought this was a good idea and why didn’t anyone stop them? There were probably a couple of factors at play, and those same factors could be contributing to poor decisions and outcomes like this one in your

Don’t Let Your Virtual Voir Dire Become a Circus

June 14th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: A courtroom process is supposed to be formal and solemn. The habits of delivering justice in person, through decorum and civic ritual, are designed to evoke a deference to the rule of law. When conducted remotely using a platform like Zoom, however, it doesn’t always work out that way. A recent Law 360 article, “Virtual Voir Dire Devolved Into Circus, Texas Justices Hear,” shares what happened during remote jury selection in a recent trial in Houston. Based on the description at least, it does have a Barnum & Bailey vibe to it. According to an affidavit filed by attorneys