Expect that Our Romance with Tech Companies Might Be Over

October 17th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: On a recent series of flights, I watched “Valley of the Boom,” an unconventional but highly- entertaining miniseries focusing on all of the shenanigans that accompanied the early 1990’s Silicon Valley technology boom and bust. It was a time when the public and investors alike were fascinated by the bright shiny new ideas of online interaction and retail, and a time when a few kids with a web address but no workable business plan could become overnight millionaires. For awhile there, we acted as though someone simply lacking the business fundamentals could instead be “rewriting the

3 Strategies To Keep Jurors On The Edge Of Their Seats

October 16th, 2019|The Winning Litigator Blog|

Have you ever been in the middle of presenting a critical piece of evidence to support your case and feel like the jury just isn’t listening? It’s a feeling that many litigators experience, both novice and seasoned. As a litigator, you know that your success hinges on your ability to persuasively present evidence and tell your client’s story. That also means that you must keep the jury’s focus throughout the entirety of a case. So, how can you ensure that the jury is not only paying attention to you, the evidence and witness testimony, but also that what you are

Case Study: Why Information Design is Essential to an Effective Litigation Strategy

October 15th, 2019|DOAR|

Information design plays an integral part in communicating a position effectively—especially in complex litigation when attorneys need to convey complicated concepts to their triers-of-fact. In this case study, DOAR takes a look at the effect of graphics consulting and design to expert witness testimony. Through the eyes of two of DOAR’s directors, we get a better understanding of the critical role that information design plays to a winning litigation strategy and learn about the five essential elements of information design. Learn more about our expertise in trial consulting. The post Case Study: Why Information Design is Essential to an Effective

For Immediacy, Use Active Voice (but for Abstraction, Passive Voice Can Be Used)

October 14th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: You probably learned it in one of your earliest writing classes: Active voice means the grammatical subject is doing the acting, and passive voice means the subject is acted upon. It is the difference between “The dog bit the boy” (active), and “The boy was bitten by the dog” (passive). In many contexts, but particularly in legal writing and speaking, the active voice is preferred, because it leads to shorter and more direct sentences, and because it avoids the need for a prepositional phrase (“…by the dog”) in order to clarify who did the biting. Active

Address the ‘My House, My Responsibility’ Analogy

October 10th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: There is a persistent belief among many mock jurors that I have seen in certain kinds of cases. The belief is that liability attaches automatically to possession, and jurors usually express it through the lens of home ownership. As one individual shared at a mock trial last week, “It is my house, so if an injury or something bad happens in my house, it is my responsibility, automatically. That’s the law — my house, my responsibility.” Now, I’m no premises-liability expert, but that sounds like an oversimplification to me. But in that mock trial, the juror

Trial Consultant as Secret Weapons

October 10th, 2019|2's Company - Magnus Insights|

Over the years Melissa and I have been working as trial consultants, we have often been called “a secret weapon” numerous times. In reality, the fact that we, or any trial consultant, is working on a case, at least in conducting pre-trial research, preparing witnesses and the like, is secret. It is confidential attorney work product. When a trial consultant appears in court for jury selection, this is a bit less secret, but the trial consultant’s role is typically not telecast to the jurors by agreement of the attorneys (especially when both sides have consultants). Our status as a “secret