Sorting out responses and non responses

March 4th, 2021|2's Company - Magnus Insights|

A few months ago, Melissa and I were talking with one of our favorite clients, Buddy Schulz, when he commented that Melissa’s job during jury selection involved sorting out responses, and non responses, of potential jurors. He was noting that it is one thing to evaluate what someone says during jury selection (or perhaps with any interaction, including job interviews, interrogations, etc.). But, it is clearly another thing to “hear” what they don’t say, that is, what they are not telling you. As a trial lawyer, or trial consultant, during that short period when the jurors can talk, known

Address the Causes of ‘Zoom Fatigue’ (and Audience Fatigue Generally)

March 4th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular meetings by video web-conferencing, we’ve come to fully grasp the reality that it can be exhausting, particularly to do it for more than an hour or so. As I’ve observed previously, psychologists note that online interaction makes it harder to read cues and promotes a greater degree of distracting self-awareness. In short, it can be taxing on our attention because our attention is working in different ways. Beyond observing

Preserve Decorum (in All Courtroom Contexts)

March 1st, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: At this point, I will wager that we’ve all seen the hilarious video from the 394th Judicial District Court of Texas, where an attorney, unable to remove a filter that changes his face into a cat’s, nonetheless confirms that he is prepared to go forward, and solemnly pledges to the court, “I am not a cat.” It is nice that the video crossed the boundary from “legal humor,” to “universal meme,” but the cat filter hasn’t been the only challenge in online settings. A recent ABA Journal article shares stories of worse peccadillos, including lawyers or clients smoking cigars,

The More Things Change….Expect Many Similarities and a Few Differences in a Post-Pandemic Litigation World

February 25th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: We’ve now had quite some time to settle into the coronavirus and its social restrictions. If you are like me, you might have even developed a twitch every time you hear the phrase “New normal.” We know that we are living in odd times, and it is normal to expect that a little bit of that oddness will leak into the post-pandemic times once the restrictions are over. But it may also be the case that a surprising amount will have not changed. At Persuasion Strategies, we have been conducting a longitudinal study of the attitudes

A Behind-the-Scenes Look at the Strategy and Psychology of Jury Selection

February 25th, 2021|Litigation Insights|

This post contains quotations1 from an interview with LI’s Director of Jury Research, Dr. Christina Marinakis, by professional poker player Zachary Elwood, on his podcast entitled, “People Who Read People.” Listen to the full episode on YouTube, iTunes, Spotify, or iHeartRadio. On the Game Theory of Voir Dire The best jury consultants and attorneys who participate in voir dire are able to anticipate the next side’s move and what the consequences of that move will be. So when I’m trying to decide who we want on the panel, the only way we can do that is through the striking process.

Jury Pool Differences with Remote Jury Trials

February 23rd, 2021|The Sound Jury Library (Sound Jury Consulting)|

I was speaking with a prominent plaintiff personal injury attorney in Seattle recently about the remote jury trials that are taking place in King County. When I asked him his thoughts, he said they he likes remote jury trials because he feels like he is getting better jury pools. This comment intrigued me, so we looked at our own internal data to see if there are any differences in the make-up of remote trial jury pools compared to in-person trials. Does this shift to technology change the make-up of the jury pool and if so, how? We began by looking