Plan for Online Jury Trials

March 30th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: While it still might be a stretch, it is a lot more thinkable now than it was two weeks ago. The jurors sit down separately in front of their screens, log in, and watch while the attorneys and witnesses present the evidence, and the judge makes rulings and provides instructions. When it is time, the jurors deliberate as part of an online meeting, with their six to twelve faces on the screen. And everyone — attorneys, witnesses, judges, and jurors — is in a different physical space, but together in the virtual space of an online

How to Keep Your Expert Witness from Crumbling on Cross

March 30th, 2020|Litigation Insights|

In a recent set of post-trial juror interviews, the jurors we spoke to detailed how the believability of the plaintiff’s expert witness had them strongly favoring the plaintiff. …That is, until the defense attorney caused the expert to fall apart on cross-examination. They described the experience of watching this attorney dismantle the witness as akin to being in court with Perry Mason – and had referred to the attorney by that very name for the rest of trial. The plaintiff expert’s inability to remain consistent through cross-examination was beneficial to our case. Yet, it also highlighted the dangers of being

Adapt to Remote Communication (Including Testimony)

March 26th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Okay, show of hands: Two weeks ago, how many of you were familiar with Zoom, Webex, GotoMeeting, and/or MS Teams? And how many of you are familiar with them today? These tools for multi-party videoconferencing over the internet have been around for years, and in some law offices have even been regularly used. But with the continued coronavirus lockdown, these tools are now seeing a renaissance, being routinely embraced for meetings, presentations, and other professional interactions.  That may end up being one aspect to all of this that does not fully return to normal once all of

Judges are People: Some are nice and others, not so nice

March 24th, 2020|2's Company - Magnus Insights|

Judges are people, just like the rest of us. There are many types of judges, young, old, women, men, smart, not so smart, nice, and not nice. In my years of working as a jury/trial consultant, I have encountered many judges. I have met judges during hundreds of jury selections; I have made presentations with judges as audience members; some of my clients are/were former judges; some of my clients have become judges; and I was once in a rock band with a judge (obviously, a pretty cool judge!). Therefore, unlike most people, I have a lot of familiarity with

Understand Narrative: Why People Watch Disaster Movies During a Disaster

March 23rd, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Most of us are now entering our second week, or longer, of isolation to maintain social distance, limit transmission, and help “flatten the curve” of the current Coronavirus pandemic. For lawyers, of course, that generally means working from the home office. For others, though, it can mean days of “Netflix and chill.” And what are people watching during this disaster? While you might not expect it, they’re watching disaster movies, and in particular, movies about contagious pandemic infections are surging in popularity. Movies with titles like Outbreak or Containment are trending highly, and a movie called Contagion was the third most popular

Trial Preparation in the Time of Covid-19: A Practical Approach

March 21st, 2020|The Advantage Blog - Tsongas Litigation Consulting|

The rapid emergence of COVID-19 has imposed stark exigencies on litigation and trial practice. Many law firm offices have been emptied as staff and employees have been quickly adapting to remote work environments. Many courts have closed down, halting civil jury trials, trail to be rescheduled for still to be decided dates. Here is a useful resource to track and assess the widespread business interruption caused by the Court’s directives to socially distance. Most professionals are looking for a sense of normalcy in an abnormal time. How to remain productive and serve the needs of the client through useful and