5 Ways to Maximize Persuasion During Opening Statements – Part 3

April 20th, 2015 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting In our two previous posts, we discussed two important roles that an opening statement can play: making you and your client appealing to the jurors, and telling a convincing story. Here are two other key functions for an opening statement. Read more at http://www.A2LC.com/blog

Bottom Line Your Deposition Advice: Four Rules

April 20th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Listen, pause, use your own words, and then stop. Sometimes witness advice should be covered in detail, and at other times you just need to bottom line it. A week or so ago, I was arriving for a meeting with attorneys just as a witness was leaving. "Is there any simple advice you would convey before his deposition?" one of the attorneys asked. What I came up with on the spot is just that list of four: listen, pause, use your own words, and then stop. At the time, I noticed that the attorneys in the room wrote that list down in their own notes. Since then, I've us...

When is the Best Time for a Mock Trial to be Conducted?

April 20th, 2015 by Litigation Insights
In order to get the most out of your investment in jury research, it’s important to consider the best time to do a mock trial. And that timing largely depends on your research goals and what other research you have done in your case. For example, have you done early jury research and are now [...]The post When is the Best Time for a Mock Trial to be Conducted? appeared first on Litigation Insights.

Appeal to the ‘Us’ in Your Audience

April 16th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  As the Beatles sang, “I am he, as you are he, as you are me, and we are all together” (I Am the Walrus).  Okay, so it wasn’t their most coherent musical statement. But it does illustrate a critically important strategy in persuasion, particularly the “we are all together” part. You collectivize your audience by appealing to shared circumstances and invoking a combined identity that unites speaker and audience. That “Us” appeal was on full display earlier this week in Hillary Clinton’s video announcing her campaign. She bypassed the press and ...

Increase the Value of your Verdicts

April 16th, 2015 by The Winning Litigator
  What’s one of the biggest mistakes made by attorneys seeking damages?  Separating liability from damages and leaving the damages presentation to the end of their case.  It’s important to weave damages — especially evidence supporting claims for emotional distress damages — throughout your case. It’s an easy mistake to understand after all — as... Continue Reading The post Increase the Value of your Verdicts appeared first on The Winning Litigator.

5 Ways to Maximize Persuasion During Opening Statements – Part 2

April 14th, 2015 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Founder/CEO A2L Consulting In our most recent post, we discussed how important it is to use an opening statement to make jurors like you as a person and thus embrace your client’s case. Another key theme of opening statements is storytelling. Everyone is always advising lawyers to use storytelling to be more persuasive. So, why isn’t it happening more? Maybe no one is reading these publications. Or perhaps when preparing for trial, we’re mired in details and... Read more at http://www.A2LC.com/blog

5 Myths About Your Jury Panel

April 13th, 2015 by CourtroomLogic » Blog
A few days ago, I discovered an editorial piece titled, “Jury Duty: My Day at the Wake Justice Center.” The author, Jessica Patrick, was summoned for jury selection in a criminal trial, and she wrote a short article reflecting upon her experience. There is really nothing surprising in her views, but there were a few quotes that, in addition to my personal experience interviewing countless jurors, busted a few myths that still exist about the venire panel. Myth #1: People hate jury duty.  While most jurors certainly aren’t too keen on the disruption to their daily ro...

Read Guantánamo Diary

April 13th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  As our "tax day" approaches, most Americans are engaged in that annual rite of legal compliance. While there might be gray areas and even some cheating, by and large, we do what the law requires, even when it is inconvenient or painful. But just off our shores, there is a zone with an entirely different relationship to the rule of law. In the U.S. detention facility at Guantánamo Bay, Cuba, 122 are still held without normal recourse to the U.S. justice system and without many of the protections of international law. Without formal charges, and often wit...

5 Ways to Maximize Persuasion During Opening Statements – Part 1

April 13th, 2015 by The Litigation Consulting Report
  Read more at http://www.A2LC.com/blog

Pitfalls of the prevaricator 

April 10th, 2015 by The Jury Room
Typically we write about newly published research here at The Jury Room. But one of our favorite blogs (Mind Hacks) wrote about this article and then we went to read the actual article and discovered it was authored by some of our favorite researchers. To top it all off, it’s about liars and deception. So today, you are getting a study published in 2011—still in this decade, and still worth knowing about. In short, the article describes experiments where participants were given IQ and general knowledge tests but some of them received question sheets with the answers “accidentally” prin...

Jury Selection is a Sticky (Note) Process

April 9th, 2015 by The Winning Litigator
About ten years ago, I was becoming a little frustrated with the rapidity of the jury selection process in my court.  In my court, we are often given only a few minutes to assemble our list of peremptory strikes.  The process takes place usually with the prospective jurors seated in the gallery waiting, so the... Continue Reading The post Jury Selection is a Sticky (Note) Process appeared first on The Winning Litigator.

7 Lessons of Design That are Universal (in Trial Graphics or Anywhere)

April 9th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I love great design. While it is becoming somewhat more common than it used to be, it’s still rare – and it’s even rarer in the courtroom.   To be clear, my definition of great design includes everything from an interface like what one sees in a Tesla to the adaptive reuse of a historic structure to a well-crafted litigation graphic that tells a story clearly and without the need for further explanation.   One place we don't... Read more at http://www.A2LC.com/blog

Remember that Memory is Selection, not Retrieval

April 9th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  If you're outside in the dark, maybe aided by a little starlight or moonlight, you can probably see your surroundings a bit dimly: You can't see everything, but hopefully you see enough that you don't stumble. Now, add a flashlight. The path you're pointing the light at is now quite bright, but everything else outside the flashlight's beam has been lost to darkness. Human perception is a lot like that flashlight: You are focusing your attention like the flashlight beam, noticing some things but only at the cost of ignoring everything else. You aren't just tak...

Boston Bomber Death Penalty – Mitigating vs. Aggravating Factors

April 8th, 2015 by The Litigation Consulting Report
  by Laurie R. Kuslansky, Ph.D. Managing Director, Jury & Trial Consulting A2L Consulting It must be so hard to defend someone as unpopular as Dzhokhar Tsarnaev and plead for his life, while he does everything to make it harder.  How does one lessen his involvement when he carried out so many explicit and intentional acts and has been so consistent: remorseless. He shed no tears for the 3 civilians and 1 M.I.T. police officer killed, the 264 people injured, or the countless... Read more at http://www.A2LC.com/blog

Hipsters, SnapChat, Beer Goggles, and Pain 

April 8th, 2015 by The Jury Room
Here is another post detailing things you simply must be aware of but to which we don’t wish to devote an entire post. These might be seen as water-cooler topics or simply things that make you a much more interesting conversationalist. Or something like that. Why hipsters all look the same (it’s just math) You know you’ve wondered about this and now (thanks to us) you have the answer. The hipster tries to be a unique individual, but, over time, we (the non-hipsters) begin to emulate their dress and it ends up in collective conformity, says Paul Smaldino in the journal Royal Society Open ...

Timelines: The Jury’s Roadmap to Your Case

April 8th, 2015 by Litigation Insights
“You can’t miss this event!” your friend exclaims.  “It’s simple.  The event is on the left-hand side of the street, two blocks down Lincoln Avenue.  You’ll hang a right onto Third, before the gas station.  Third is a few miles straight ahead once you exit – when you’re on the freeway, just keep your eyes [...]The post Timelines: The Jury’s Roadmap to Your Case appeared first on Litigation Insights.

Numbers in Litigation Graphics Do Not Lie, People Do

April 7th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I spotted an interesting blog post over the weekend that criticized a New York Times article about the Israeli-Arab conflict for using charts and data in a misleading way. I've written about cheating with charts before in several articles, but my 2012 article, 5 Demonstrative Evidence Tricks and Cheats to Watch Out For, in particular, offers some good lessons and has been read by thousands of people. Although it is... Read more at http://www.A2LC.com/blog

The Top 10 Voir Dire Mistakes That Make Jurors Dislike You

April 6th, 2015 by The Winning Litigator
    Voir dire is your chance to determine which prospective jurors are qualified to sit on the jury in your trial.  Regardless of whether you do the voir dire yourself or the judge does it, voir dire is a terrific opportunity to develop rapport with jurors and make them feel comfortable in your presence.... Continue Reading The post The Top 10 Voir Dire Mistakes That Make Jurors Dislike You appeared first on The Winning Litigator.

Account for Anti-Lawyer Bias in Legal Malpractice Trials

April 6th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Attorneys know that, in the public's eye, the profession isn't winning any popularity contests. In a Gallup poll last year, only 21 percent rated lawyers' ethics as "high" (16 percent) or "very high" (5 percent). This compares to 80 percent who say nurses' ethics are high and 65 percent who say the same about doctors. Another poll (McGinn & Company, 2012) shows an average belief that 51 percent of lawsuits are frivolous and unnecessary. Two thirds also agree with the statement "Most plaintiffs' lawyers suing big corporations exaggerate dam...

Are conservatives happier than liberals? Research says:  No.

April 6th, 2015 by The Jury Room
A number of studies have been published that report conservatives are happier than liberals. These studies have historically resulted in “comment wars” between readers who are either conservative and support the findings or readers who are liberal and do not support the findings. Suffice to say that ultimately, in the comment sections, neither group appears to be very happy. A new study is now out that says the old studies are based on self-reports of conservatives and liberals and thus are biased by the conservatives’ “self-enhancing style of self-report”. (Since the authors are mos...

Who Are The Leaders During Jury Deliberations?

April 3rd, 2015 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. If you follow my blogs and publications, you know that one of my common phrases is, “a verdict is the product of what jurors choose to talk about during deliberations.” This is a critical point to consider during your case strategy development process. However, we can simplify this statement even more within the context of jury selection to something along the lines of, “a verdict is the product of who does the talking in deliberations.” In my experience watching mock juries and interviewing actual juries over the past twelve years, one ...

More research on how Republicans and Democrats differ

April 3rd, 2015 by The Jury Room
Today’s researchers are finding political party differences consistently on hot button issues. They simply ask if political affiliation is Republican, Democrat, or Independent, and have found it predictive. In case this paragraph is the only part of this post that you read, we hasten to add [spoiler alert!] that while on some cases it is useful to know (especially those involving tort reform issues or other politically linked controversies), there is often no predictive value related to party affiliation. These researchers commissioned an October 2013 national survey with 2000 respondents (i...

Follow Nine Rules for Post-Trial Juror Interviews

April 2nd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I am now involved in a rash of post-trial juror interviews. Currently, I have interviews in progress in three cases. As luck would have it, there is one win, one loss, and one draw (mistrial). While the calls have occupied a fair amount of my time lately, post-trial interviews more broadly are not as common as they should be. There are some reasons for that: suspicion by judges and jurors, as well as simple fatigue from lawyers who either need to stop billing at the end of the case, or wish to just move on. But post-trial interviews can open a unique window ...

Female serial killers: Who they are and how they kill

April 1st, 2015 by The Jury Room
Our posts on women stalkers are often listed in internet searches that bring people to our blog. Women stalk. Women also kill. In fact, it is believed that about 16% of serial killers (about 1 in 6) are female. Although it is hard for many to see women as capable of extreme crimes like murder, the researchers whose work we feature today have no such illusions. [If you can’t wrap your brain around that notion, we suggest you spend an evening alone in your house with all of the lights turned down, and watch the film Monster, an account of the convicted female serial killer Aileen Wuornos.] “...

How to Make PowerPoint Trial Timelines Feel More Like a Long Document

March 31st, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I love a good trial timeline whether it's a printed large-format trial board or whether it's in PowerPoint form. This goes for my colleagues here at A2L, as well. In fact, we love timelines so much that we've even produced a book with more than 30 types of trial timelines illustrated. Timelines are used as demonstrative evidence in just about every trial. They serve an obvious purpose of orienting judge and/or jury to the order of events and... Read more at http://www.A2LC.com/blog

Use Charts (Even If the Need Seems Trivial)

March 30th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Lawyers like to be efficient in communication, particularly in the setting of litigation, bound as it is by time and relevance. Perspicuity when persuading is considered a virtue in that setting and “Don’t do what isn’t necessary” is generally a good rule to follow. But on the subject of graphics, don’t carry that rule too far. Take, for example, the idea of using a chart or a graph in order to illustrate some kind of numerical relationship. If the question is, “Do I really need this?” the answer could be, “No – these jurors are literate an...

Should Jurors Take Notes During Trial?

March 30th, 2015 by Litigation Insights
The practice of allowing jurors to take written notes during trial is more widely accepted than it used to be, especially with cases becoming increasingly complex and lengthy in duration. In most (but not all) jurisdictions, whether members of a jury are allowed to take notes will depend upon the judge’s discretion. One judge may [...]The post Should Jurors Take Notes During Trial? appeared first on Litigation Insights.

Simple Jury Persuasion: “Hey, look over here for a second!” 

March 30th, 2015 by The Jury Room
This is sort of scary research. We all like to think our views on moral issues are pretty consistent and not easily shaken. That would be incorrect. They are not consistent and they are easily shaken. At least these are the conclusions reached by this research. We’ve written before about on which side of the courtroom you want to place your exhibits (it’s on the left), but this is far above and beyond that. According to these researchers, you can actually change someone’s mind about an ethical issue by where you have them looking. And, this is the worst part: it takes less than a second!...

Fire-setters: Psychotic and non-psychotic 

March 27th, 2015 by The Jury Room
There is a lot of literature on fire-setters but not, apparently, on how psychotic fire-setters differ from those who are not psychotic. As it turns out, there are some significant differences. Researchers in The Netherlands examined the records of 124 fire-setters (30 psychotic and 94 non-psychotic) sent for pretrial forensic mental health assessments between 2000 and 2010. They were largely male (107 males and 17 females) and on average 32 years old. The researchers compared characteristics in the records and found these differences: Psychotic fire-setters were older, more often single, more...

A Trial Consultant Walks Into A Courtroom—And You Won’t BELIEVE What Happens Next!

March 26th, 2015 by Tsongas Litigation Consulting, Inc.
If you have spent any amount of time on social media sites like Facebook, you have inevitably seen headlines similar to that of this blog. Other favorites include: “Your Jaw Will Drop at What Happened Next!” and “Tears Will Roll Down Your Face When You See What She Does!” The theory behind these headlines is that creating suspense will result in a strong desire to see what is next, and lead to the coveted “click” that follows. Suspense building is an effective strategy no matter what the communication context. The use of suspense as a literary device harkens all the way back to Ar...

Social Media Searches: Go Beyond the Google

March 26th, 2015 by Persuasive Litigator
Guest post by Arianne Fuchsberger, M.A., Research Associate, Persuasion Strategies:  Almost a year ago, the ABA released Formal Opinion 466 clarifying that it is permissible for “a lawyer to [passively] review a juror’s or potential juror’s [public] Internet presence.” Since then, researching seated or potential jurors online has not only become an option, but a necessity. Any additional information on your panel can aid in jury selection and during the actual trial, and lawyers should be doing everything they can to gather information about the individuals who may become the de...

Jury Communication: 10 Tips to Make Sure the Jury Takes the Right Notes

March 26th, 2015 by The Winning Litigator
Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking.  The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day. Once those notepads are handed... Continue Reading The post Jury Communication: 10 Tips to Make Sure the Jury Takes the Right Notes appeared first on The Winning Litigator.

How big is that potential juror’s house? 

March 25th, 2015 by The Jury Room
Tiny house craze aside, could this be a secret jury selection strategy? In June 2014, the Pew Research Center published a study showing that liberals prefer small, walkable communities while conservatives prefer the more sprawling suburbs. While about half of Americans prefer urban living and half prefer rural life—the split is apparently highly partisan. So Lisa Wade of the blog Sociological Images asks the question for us: “Can you guess someone’s political preferences by the size of their house?”. To which we would add, “or by their zip code?” It’s an intriguing idea. Say you...

The CEO in Litigation: Problems, Solutions and Witness Preparation

March 24th, 2015 by The Litigation Consulting Report
  Read more at http://www.A2LC.com/blog

Trial Tech Tips – Courtroom Equipment Specs for Large Venues

If you were assembling a new trial presentation equipment set today, it wouldn’t be all that much different from what would have been done several years ago. Even with advances in video format and display technologies, it often comes to the lowest common denominator – which is still, by the way, 4:3 standard format video. Most trial presentation providers can now connect to and accommodate a wide-screen 16:9 HDMI system, and that is what you’ll likely find in a recently updated courtroom. Even in these new installations, you are likely to find “legacy” 4:3 VGA connections, to ensure ...

Embrace Plain English Jury Instructions

March 23rd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I often play the role of the “judge” during a mock trial. In that capacity, I have the pleasure of reading the legal instructions to the mock jurors just before they deliberate. While I’m droning on about “preponderance,” and “proximate cause,” and making the plaintiff “whole,” I am often met with quizzical looks as the jurors grapple with the language. Some have even made a vain attempt to raise their hands to ask a question. I sometimes wish I could explain, “Look, my point is not for you to understand this… it is just to be realistic.” ...

“We need smart jurors so we should keep the lighter skinned Black guy”

March 23rd, 2015 by The Jury Room
Most of us have heard of the preference for lighter skin within the African-American community. Some of us have also heard of “colorism” in general—a bias shared by many in our culture. Recently, author Lance Hannon (a sociologist from Villanova University) used data from the 2012 American National Election Study and found that Whites in America tended to see light-skinned Blacks and Hispanics as more intelligent than those with darker skins. The National Election Study requires interviewers to sit down in a face-to-face survey with respondents (who disclose their income and education le...

Confirmation Bias: It has to be believed to be seen

March 20th, 2015 by OpenDOAR Blog
This article is reprinted with permission from the 2015 Vol. 100 No. 1 issue of Women Lawyers Journal® a publication of the National Association of Women Lawyers. Further duplication without permission is prohibited. All rights reserved.   By John G. McCabe, Ph.D.   I was at a conference recently and overheard a discussion among a small group Read More…

“Classical music will protect you from Alzheimer’s” and  other lies on the internet

March 20th, 2015 by The Jury Room
This week I read several sensationalized reports of research findings from some scientists in Finland. “Classical music can help slow down the onset of dementia” and “Listening To Classical Music Could Improve Genes Responsible For Certain Brain Functions”. The articles reported that listening to a 20 minute Mozart violin concerto could stave off dementia and actually modify your gene expression. Pretty amazing. Except it isn’t entirely accurate. There are benefits for those who already know the specific concerto—in other words, musicians or music lovers. As for the rest of us, it ...

Do this Before You Approach the Witness

March 19th, 2015 by The Winning Litigator
In our lives as trial lawyers, we are often required to approach witnesses on the stand.  Judges typically safeguard the space between attorney and witness — as sort of a demilitarized zone.  As early as law school trial advocacy class, students learn about the important custom of asking the court before approaching the witness. I... Continue Reading The post Do this Before You Approach the Witness appeared first on The Winning Litigator.

Why The Use of Clichés Puts Your Persuasiveness at Risk

March 19th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Unfortunately, I have the memory of an elephant when it comes to life's uncomfortable moments. One of those occurred during undergraduate school at the University of Mary Washington almost 30 years ago. Like it was yesterday, I remember reviewing my professor's notes on a graded paper. Burned in my memory is the red-pen-circled-notation, "cliché." At the time I really didn't understand why using a cliché would be a problem. After all,... Read more at http://www.A2LC.com/blog

Look for Increasing Tolerance (but Not Necessarily Greater Empathy)

March 19th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  A jury's job is to judge the facts in a dispute in as neutral a fashion as possible. We expect them to give a party a fair hearing whether the party is just like them or completely dissimilar. The elderly conservative should be able to evaluate the dreadlocked artist as easily as a cash-strapped student evaluates the wealthy banker. The premise is that, under our system, we are able to look past personal differences and just focus on the facts. But is that true, or do individual differences create barriers to fair and equal justice? Both psychology and common sen...

How Long Should Opening Statements in a Trial Last?

March 18th, 2015 by Litigation Insights
In a recent article, we explored how long closing arguments should be (hint: the shorter the better).  Yet almost just as often as we are asked how long a closing should be, we are asked how long an opening statement should last.  This answer is a little different.  First, though, let’s take a look at [...]The post How Long Should Opening Statements in a Trial Last? appeared first on Litigation Insights.

Anticipate Antigovernment Attitudes

March 16th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  What is the greatest problem facing Americans? Is it climate change? Class division? Race relations? The sluggish economic recovery? The growing threat of terrorism? The risk of another Middle Eastern war? No, it's none of those. According to a current Gallup poll tracing the last four months, the biggest challenge to Americans is their government. In response to the question, "What do you think is the most important problem facing the country today?" fully 18 percent mention dissatisfaction with government. Views of government continue to get worse. Huffing...

Why Expensive-Looking Litigation Graphics Are Better

March 13th, 2015 by The Litigation Consulting Report
by Ryan H. Flax Managing Director, Litigation Consulting A2L Consulting I am not advocating that you spend more to develop top-notch demonstrative evidence. What I want you to do is make sure that the litigation graphics that you do use look like you paid a million bucks for them. Make sure you’re getting what you’re paying for. Let me explain why. Recently published and widely reported research out of the University of Cincinnati relating to treating Parkinson’s disease shows that... Read more at http://www.A2LC.com/blog

Trial Tech Tips – Trial Presentation Shortcuts

Those of us who use computers frequently in our work use a handful of software programs on a regular basis. A few of the most common applications for Windows include Word, Excel and Outlook. Those are just a few of the tools we use most and know best. Many also take advantage of a series of “shortcuts” for handling repetitive functions. Using special keystroke combinations such as CTRL + C to copy a selection or CTRL + V to paste the clipboard contents takes just a fraction of the time it would require to use the toolbar menu, or to right-click and select the desired function from the popu...

In Jury Selection, Remember Your Math

March 12th, 2015 by The Winning Litigator
I recently had the opportunity to observe the jury selection process for a trial at my local courthouse.  The civil case was not terribly complex, nor was it a high-profile case.  The jury for the trial would consist of 6 jurors and 2 alternates.  Each side would have 3 peremptory strikes. For some reason, the... Continue Reading The post In Jury Selection, Remember Your Math appeared first on The Winning Litigator.

Fight the "Flight from Facts"

March 12th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When the facts supporting one's beliefs are challenged, one common recourse is to reframe those beliefs in a way that is more resistant to factual refutation. Calling this the "flight from facts," a new article in Scientific American shares an example: An anti-vaccine believer first notes the purported connection between vaccines and autism, then after those facts are thoroughly trounced, simply shifts their advocacy to something like, "Well, regardless, it's still my personal right as a parent to make decisions for my child." In a litigation scenar...

Red States, Blue States and Brain States 

March 11th, 2015 by The Jury Room
Neurolaw interest has been building for years among those of us who work in litigation advocacy. But what about among the public—those who may serve as jurors, for example? Earlier this year, we wrote about a study done in the United Kingdom that showed citizens there were more confused than intrigued by neurolaw principles. Here is part of what we said back in January: “The researchers identified four themes in the participant’s interviews: the brain is something in the science domain; there was significant angst that something could go wrong with the brain; there was a belief that we a...

Two Different Cases, One Similar Lesson: Graphics Make the Key Point

March 10th, 2015 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
When you’re preparing a case for trial, a great deal of time goes into developing the major themes of your case. Sometimes the case is stunningly complicated, such as in a business dispute that takes place over years with many interlocking claims at issues. Sometimes it’s as simple as a car accident where liability is admitted and it’s all about causation of damages. I worked on two cases recently that typify the easier end of the extremes. Both were defense cases where the entire defense came down to a pretty simply medical issue. Both needed clear visuals to make the key po...