Disgust and lost confidence in our institutions

July 28th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita For several years now, we have watched our mock jurors express increasing disgust at government, large corporations, and politicians. We have written before about their unwillingness to identify with a national political party and the 2014 Gallup Poll showing the same pattern we have bee...

Teaching people about neuroscience can make them softer on crime!

July 25th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita We regularly follow the neurolaw literature and about a year ago, we blogged about how judges are softer on crime when educated about the brains of psychopaths. Well. Judges are people too and a recently published study shows it isn’t just judges who are affected by neuroscience ed...

7 Questions Will Save You Money with Litigation Graphics Consultants

July 24th, 2014 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting I have been running an organization that offers litigation graphics consulting as one of its services for nearly 20 years. I've worked with both large and small law firms, I have worked with clients in many countries, and I have worked on large and small cases. After all that experience, spanning thousands of cases, I can split up the clients who engage A2L Consulting for litigation graphics consulting work into two camps: "Do This" Clients "Help Us"... Read more at http://www.A2LC.com/blog

Emphasize the Civic Role of Your Civil Trial

July 24th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Alexis de Tocqueville, France's number one America fan back in 1835, was particularly fond of our jury system. In an oft-quoted passage, he said that "The jury, and more especially the civil jury, serves to communicate the spirit of the judges to the minds of all the citizens; and this spirit, with the habits which attend it, is the soundest preparation for free institutions." I added that emphasis to "especially the civil jury" because, in this case, the philosopher's theory doesn't quite square with the empirical reality. A new research article (...

Male body shame and aggression against women (“rape proclivity”)

July 23rd, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita This is an odd study from which researchers draw conclusions about sexual aggression that seem unwarranted. The research involved causing men to feel their identity as men was being insulted by women, and gauging the hostility of the reaction. The methods they used to elicit aggression f...

Step by Step Development of an Animation That Helps Settle a Case

July 21st, 2014 by Cogent Legal Blog
We all know the power of a well-done animation in front of a jury. Such animations can help visually explain concepts in moments instead of in hours. However, they can also be instrumental in settling a case.This fact was true in a recent case handled by Andrew Klimenko of the Choi Law Firm. Andrew hired Cogent Legal to help with a complicated multi-car automobile accident that resulted in the death of one of the occupants. The CHP officer found primary fault with the defendant driver of the cab company, who was speeding and ran into the back of decedent’s Lexus, causing it to spin and...

School Your Jury (Like Fish)

July 21st, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  My first thought was, "What's NPR's talented social science correspondent, Shankar Vedantam, doing talking about fish?" The story, reported on Friday, focused on research showing that fish make better decisions when swimming together rather than when swimming alone. An interesting finding, but where's the "social" in that "science," since people aren't fish? In the very short segment, however, Vedantam did draw a connection to human decision making in a way that sparked some of my own thoughts on jury behavior. It all comes down to the power of the...

Should you do group brainstorming standing up or sitting down?

July 21st, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita Most of us have seen the information that a sedentary lifestyle is dangerous for our physical well-being. Today’s researchers wondered if standing (rather than sitting) for group brainstorming sessions would result in more effective and positive group dynamics and outcome. They recru...

Simple Jury Persuasion: Should you communicate the details or the big picture?

July 18th, 2014 by The Jury Room
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and Rita We are used to the idea that when speaking, some of us focus more on details and others focus more on the big picture. That preference may communicate more about us to the listener than we are aware. Newly published research says powerful people focus on the big picture rather than on t...

Don’t Assume the Camera Is Neutral

July 17th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Cameras don't simply record what is in front of the lens. Every movie director knows that the camera highlights, frames, hides, emphasizes and distorts. The Francis Ford Coppola’s among them know that they’re not simply filming, they’re ‘painting with light’ using the film as a canvas. The legal uses of cameras – interrogations, depositions, site visits -- are a bit more prosaic than that, but they’re not immune to the camera’s lack of neutrality. In a legal setting, the consequences of mistaking the recorded image for unfiltered reality can be gr...

The Top 12 Litigation Consulting Articles from Q2

July 17th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Long time readers of this blog know that we are big on lists. When the American Bar Association named the Litigation Consulting Report one of the top 100 legal industry blogs, even they said, "it's hard to resist the infectious numbered-list headlines that keep us reading their chatty, first-person posts answering questions we hadn't yet thought to ask." At least once per quarter, I try to highlight recent articles that were unusually popular.... Read more at http://www.A2LC.com/blog

3 Articles Discussing What Jurors Really Think About You

July 16th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I enjoy reading any article about juror feedback. However, finding such articles is pretty tough. Few authors have the time, budget or access to jurors to ask them what they think about the experience of trial and the lawyers involved. As a litigation consultant, I have had the privilege of seeing many trials and mock trials over the past 20 years. In that time, I've observed certain characteristics that all mock juries possess. My... Read more at http://www.A2LC.com/blog

The Workplace Ostracism Scale: Making the subjective objective?

July 16th, 2014 by The Jury Room
It’s always tough to measure something that seems very subjective. Like ostracism. Are you being ostracized (excluded, left out, or shunned) or are you just way too sensitive? Intrepid researchers have pushed forward though and brought us the Workplace Ostracism Scale. Ostracism is very much like incivility which is seen as very hard to objectively describe. What appears to be incivility or ostracism to you, may look very innocent to me. It is perhaps easiest to understand what incivility is if we think back to our childhoods and how a sibling or playground nemesis would say one thing out lo...

To Bifurcate or Not to Bifurcate? — that is the question.

July 14th, 2014 by Tsongas Litigation Consulting, Inc.
In my experience as a trial consultant, I’ve found that many attorneys have strong opinions on bifurcation — separating liability from damages. The most opinionated litigators on this subject have had their thoughts colored by personal experience; which while valid, is not always the best way to decide such an important issue. Recently, a commercial litigation client asked me to weigh in on the subject in a case that had the potential for high damages. I thought it would be useful if I applied the Socratic Method (while hoping not to appear too pedantic). The conversation went somethin...

Your Message Sequence: Go Big Then Get Small

July 14th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Here is an important technique. Experienced persuaders may already have it internalized, but it still helps to make it explicit and look at why it works. The technique is this: Begin 'big' with an abstract statement (This is a case about a betrayal of trust) and then get 'small' by filling in the details (So let's look at exactly the steps in which that betrayal occurred...). That sequence contrasts with the rational legal model which might prefer stacking detail upon detail until it finally reaches a conclusion. In spoken communication, the idea of leading with t...

Would you rather be harassed or ostracized at work?

July 14th, 2014 by The Jury Room
What a choice. We have written before about incivility in the workplace and that sounds a lot like what these researchers are calling ostracism. To begin, let’s look at how the researchers define both harassment and ostracism. In brief, say the researchers, harassment is the presence of an unwanted behavior and ostracism is the absence of a wanted behavior. The term harassment is used by these researchers to “capture a range of active verbal and nonverbal behaviors directed at a target that derogate or cause embarrassment to that target. Harassment (unlike ostracism) engages the target in ...

Remote Tech Help for Busy Attorneys

July 14th, 2014 by Cogent Legal Blog
“Any sufficiently advanced technology is indistinguishable from magic.” – Arthur C. ClarkeI’ve recently been using a cool new tool at Cogent Legal, remote conferencing software from Adobe Connect. The software allows me to share computer screens across the internet in a meeting or a webinar. During a call with a client, my client can see what I see, and even allow me to control their computer remotely if they wish.The remote conference software is quick and easy to use, so easy that I used it one evening with my family to play an online Harry Potter game (www.pottermore.com...

One of The Most Effective (But Most Underrated) Trial Graphic of All Time

July 11th, 2014 by Litigation Insights
Checklists. Pilots use checklists before takeoffs to ensure that critical items are not forgotten. Doctors use checklists for simple patient procedures as well as major operations to avoid mistakes. In fact, we all use lists – it is human nature. In our hectic, distraction-filled lives, all kinds of lists help us get organized. Whether it’s [...]The post One of The Most Effective (But Most Underrated) Trial Graphic of All Time appeared first on Litigation Insights.

The Top 14 TED Talks Talks for Lawyers and Litigators 2014

July 11th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting In 2012, I wrote an article called The Top 10 TED Talks for Lawyers. Back then, most readers didn't know what TED was. Now, just a couple of years later, a majority of people have heard of TED and most have usually seen at least one TED talk. Over the last several years, a number of TED offshoot events were launched that dramatically increased the footprint and influence of TED and its "ideas worth sharing." TEDx events are TED-like speaker... Read more at http://www.A2LC.com/blog

Deposition Video (MPEG-2) DVDs and Windows 8

Congratulations! You've just upgraded your laptop with the latest from Redmond (as in Redmond, Washington, home of Microsoft), and have finally figured out how to bypass most of the “purple charms” screen stuff. You’ll still need it to open apps, but other than that, unless you’re running a tablet, it’s cute, but not so functional – at least for lawyers, legal professionals, and other business-minded people. Everything is peachy, up until you try to play a deposition video or video DVD.Now I consider myself fairly knowledgeable on things regarding the intersection of law and techno...

DOAR Assists Lankler Siffert & Wohl LLP in Ground-Breaking Acquittal

July 11th, 2014 by OpenDOAR Blog
  New York, NY:  DOAR congratulates Daniel Gitner, Derek Chan, Michael Longyear, and the Lankler Siffert & Wohl LLP trial team for their outstanding defense of Rengan Rajaratnam in a closely watched SDNY insider trading case that is sure to have reverberations throughout the legal community. On Tuesday, July 8, 2014, after less than 4 Read More…

The Millennials are growing up! Here’s what they think now…

July 11th, 2014 by The Jury Room
We have written a lot about generations in general and a lot about the Millennial generation in particular. The Center for Women and Business at Bentley University published a new survey of Millennials this year and if you are interested in tracking how this maturing generation sees the world, you will want to take a look at their report on Millennials in the Workplace. Here are a few highlights from an easy-to-read but comprehensive (read: long) survey report sampling the attitudes of 1,000 college-educated men and women born since 1980. Is there really an ambition gap? That is, are the Mille...

Stop Sugaring Up Your Research Participants

July 10th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  This post pays tribute to the notion that in research, everything matters. Yes, even what the research participants eat. Think about it: As participants check in, they're met with a "Continental" breakfast (featuring the food of the continent where, apparently, only muffins and sweet pastries are served). Then after what is probably a somewhat reasonable lunch, they're met with an afternoon snack featuring cookies, brownies, or for one recent project, a bowl of candy bars. All the while, in the observation room, the research team, clients, and attorneys are busy ...

Why should lawyers read what Nancy has to say in her blog post “Breathing In Summer”?

July 10th, 2014 by Legal Stage
When I met the brilliant Nancy Houfek she was a student in my acting class in the summer congress at A.C.T. in 1976. Ever brilliant, ever talented, ever far thinking, Just as I found a way to connect theater and the law, Nancy has found her own way of combining what she knows as a theater artist and the “outside” world. She helps leaders become better at what they do through what she knows. A member of the esteemed faculty at Harvard for a number of years, she has recently moved to Oregon and is working as a consultant with leaders nationally and internationally. Why should lawyer...

So can you explain how that works in your own words?

July 9th, 2014 by The Jury Room
We do a lot of pretrial research where complicated processes, inventions, ideas, software, tools, widgets, and other intellectual property ideas are explained. And we do a lot of pretrial research where something that doesn’t seem complicated (like a family estate, for example) gets very complicated, very quickly. We’ve found there are often vocal mock jurors who will pontificate on whatever the topic is (from highway guard rails, to heated patches for sore backs, to hair straighteners, to types of pizza crust, to coin counting machines in grocery stores, and more) and so we defer to their...

Primed to Decide: How Impactful are Opening Statements?

July 7th, 2014 by soundjuryconsulting.com/blog
By Thomas M. O’Toole, Ph.D. Primacy and recency are, by far, the most popular theories of persuasion that arise in my discussions with attorneys. I have never heard an attorney mention “elaboration likelihood model,” but references to primacy and recency seem to come weekly at times. Primacy refers to the idea that what is presented most remains the most salient and, consequently, impactful for the audience. Recency is the opposite idea that an audience is most impacted by what it heard last. Applied to a litigation setting, the primacy/recency debate translates to a popular debate abou...

Vet Your Trial Consultant

July 7th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Your doctor has an M.D., a license, and potentially board certifications as well. Your lawyer has a J.D., a license, and quite possibly other honors based on experience. The legal videographer recording your deposition likely will be certified for that work. Heck, even your plumber, your home siding installer, and your chimney sweep are likely to carry a credential speaking to their knowledge, training, and experience. But if you need a trial consultant for help with strategy, research, or jury selection, then you are on your own. For consultants in this field, t...

Measuring beliefs in the paranormal: The Australian Sheep Goat Scale

July 7th, 2014 by The Jury Room
Seriously. Sheep are believers and goats are doubters. In the paranormal, that is. The Australian Sheep Goat Scale is not a measure we’d ever heard of prior to writing about skepticism as a narrative tool in convincing others of a paranormal event. Perhaps it never really caught on. But we knew you would want to know about it, so, like the Spitefulness Scale, the Guilt and Shame Proneness Scale, the Depravity Scale, the Comprehensive Assessment of Sadistic Tendencies Scale, and the Islamophobia Scale, here it is. Besides, we would have published this blog post  just so we could share that a...

When Virtual Truth Is Not Truth

July 6th, 2014 by OpenDOAR Blog
On June 30, 2014, in a 118 page opinion, Judge Paul Gardephe of the SDNY overturned the 2013 conspiracy to kidnap conviction of Gilberto Valle, the so-called “cannibal cop.”  Valle’s Internet postings, while abhorrent, existed only in the virtual world of the Internet.  Joseph DeMarco, an internet lawyer, contrasted the virtual world with the “kinetic Read More…

“The Bolshevik Revolution” and other things you might want to know…

July 4th, 2014 by The Jury Room
We read a lot and routinely run across tidbits we think you might enjoy and that we would not really want to use an entire blog post to discuss. So here are a few things from here and there that we’ve found in our travels… Can’t remember all those complicated passwords? It’s a complication of modern-day life. Many sites want complex or at least lengthy passwords and if you don’t use a password manager software–you can spend a lot of time typing in various password combinations and end up locked out for 24 hours (or forever). So here are a few tricks from Slate Magazine. Hin...

The Need for Animations to Show Injury in PI Cases

July 3rd, 2014 by Cogent Legal Blog
At Cogent Legal, we create graphics to visually convey concepts for business cases, patent cases, employment and more. One the most useful things we do, in my view as a former litigator who handled numerous PI cases, is create animations that show in slow motion the mechanism of injury and explain visually exactly how an incident caused the injury.Regardless of whether liability is an issue, visually explaining to the jury precisely how an injury occurred is a crucial part of a plaintiff’s case presentation. Often, plaintiff’s attorneys begin an admitted-liability case by presenti...

Think Beyond Just Red and Blue in Politics

July 3rd, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Earlier this week, the U.S. Supreme Court announced their 5-4 decision in the case of Burwell v. Hobby Lobby finding that closely-held corporations, based on sincerely held religious beliefs, can exempt themselves from a requirement to provide certain contraceptive services as part of their employee health plans. Predictably, the news cycles and the social media spheres went nuts, with conservatives proclaiming a victory for religious liberty and a blow to the Affordable Care Act, and liberals bemoaning an expansion of corporate personhood, as well...

The US Supreme Court Gets With the Times…Sort Of

July 2nd, 2014 by OpenDOAR Blog
In a recent, unanimous SCOTUS opinion (Riley v. California) the justices ruled that the police must obtain a warrant to search information on a suspect’s cell phone.  With this opinion, the Supreme Court took a big step toward protecting the 4th Amendment and a small step into the 21st century…well, sort of.  Essentially, the opinion, Read More…

Simple Jury Persuasion: Winning them over every time

July 2nd, 2014 by The Jury Room
This is something we’ve told our clients about for a number of years because it simply made sense. Now we have a current research citation for it rather than using research that is more than a decade old! We see this “new” strategy as a variation on the “you may want to disagree” strategy–or, perhaps, as an update. What we especially like about this one is that it tells us how to make something totally implausible seem more acceptable to the listener. Say, something implausible like….Bigfoot! Actually, it goes beyond that. This research shows us how to increase the likeli...

Bank on Bias Against Financial Institutions

June 30th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  It might sound like the title for a science fiction series, but in banking a "Dark Pool" refers to a fund that allows anonymous investors to trade large blocks of shares. The tactic is the subject of a recent suit by the New York Attorney General against Barclay's bank, with the government claiming the tactic creates a lack of transparency and potentially misleads and defrauds investors. To the limited degree that the public understands it, these "dark pools" are just one more example of the kinds of shady dealings that people now assume define the norm and ...

Men are condescending and women are pushy…

June 30th, 2014 by The Jury Room
Recently we blogged about a new study on women and leadership saying women are no longer punished for “acting like a leader” as long as they are not seen as aggressive in their leadership behavior. Here are four different, easy-to-read articles on the leadership gender gap that will give you a good sense of both the ‘what’ and the ‘why’ of the issues. Many of us have read about Sheryl Sandberg’s stories of being called “bossy” in her book Leaning In and recent stories characterize Jill Abramson (former NYT Executive Editor) as “pushy”. So, a linguistics doctoral student a...

Law and Technology: Can the Tortoise and the Hare Work Together?

June 27th, 2014 by Tsongas Litigation Consulting, Inc.
Staying up to date with the latest and greatest legal technology is something that all lawyers — whether they’re sole practitioners or members of a large firm — have trouble with, and a lot of the challenge comes from this: being on the cutting edge is not how the law works. “Disruptive” is a legal buzzword right now as new applications move paper processes into the digital world, and new technology updates practices rooted in the 19thcentury. Sometimes it seems easier to just keep doing it the “old way,” the way you’re used to. While innovation is great, it’s an unav...

SJQ: Making Changes to an Existing Juror Questionnaire

June 27th, 2014 by Litigation Insights
In previous issues of Insights, we have discussed the value of having a trial supplemental juror questionnaire (SJQ) and some strategies for improving the likelihood an SJQ will be accepted in a case. Sometimes, however, the question is not whether we should create an SJQ for use in trial, but how best to repurpose an [...]The post SJQ: Making Changes to an Existing Juror Questionnaire appeared first on Litigation Insights.

The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation

June 26th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting When someone first works in the litigation consulting industry, the last-minute nature of trial preparation very often shocks them. In my experience, about half of all trial teams spend months or years preparing and testing themes, rhetorical strategies, and different approaches to their visual trial presentation. The other half of trial teams jam all trial preparation into the last month or two before trial. No one approach is right... Read more at http://www.A2LC.com/blog

Don’t Fall for False Consensus

June 26th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  All reasonable people think like you do. They will notice what you notice, perceive it as you do, find it credible, or not, like you would, and they will be persuaded, or not, in the same way that you would. Okay, give it a moment of thought and you wouldn't actually believe that. But fall back on your normal habits, and you may act as though that were true. You might make the tacit assumption when analyzing an audience that they are fundamentally like you are. It is a bias, and a strong one. Social scientists call it the "false consensus effe...

Supreme Court Creates Copyright Uncertainty in Aereo Decision

June 25th, 2014 by Cogent Legal Blog
A graphic created by Cogent Legal for Aereo’s legal team.In today’s 6-3 ABC v. Aereo decision, the Supreme Court made a mess of copyright law and sowed uncertainty for technology companies by trying to plug a loophole. As Justice Scalia put it in his dissent, the Court put in place “an improvised standard (‘looks-like-cable-TV’) that will sow confusion for years to come.”The majority opinion invites years of litigation to clarify how far this supposedly limited decision extends. In reaching out to impose liability on Aereo, the majority goes beyond the statutory languag...

Mid-2014 Economic Outlook for the Litigation Industry

June 25th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Over the past couple of Decembers I've written articles offering an economic forecast for the coming year with a focus on litigation. These writings serve both to spread useful information to the legal industry and to help me to plan A2L's budget for the coming year. I thought a mid-year update might be valuable in these challenging economic times. One might reasonably ask, if the focus is litigation, why would one look at the economy as a... Read more at http://www.A2LC.com/blog

Aim Your Theme at the Worst Case

June 23rd, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  If you're going to lose your case, how will you lose? What is the most likely scenario that would have the jurors going in the other direction? That question lies at the heart of a theme approach that I'd like to demonstrate via a short video (below) from a recent conference. A colleague of mine, New York consultant Suann Ingle, calls this approach the "Pre-Mortem" in the sense that asking the "How do I lose?" question can help you win by allowing you to build your best response to that question into your central message. Sure, it is always good to think pos...

Murder In The First – The Act Of Communication Point Of View

June 23rd, 2014 by Legal Stage
Katherine Television shows that involve courtrooms have intrigued me long before I became interested in applying theater to the law. I vividly remember The Defenders and Perry Mason from my childhood. When I grew up and acted on the small screen I appeared in L.A. Law – a popular show back in the day. The tight writing was by none other than Steven Bochco, well-known and respected television writer and producer. Some of his shows have been wildly popular, others not so much, but I have consistently enjoyed whatever has intrigued him, especially when it comes to the courtroom. His latest offe...

Supreme Court: Computer-Implemented Abstract Ideas Were Not Patent Eligible

June 19th, 2014 by Cogent Legal Blog
Today, the Supreme Court issued its highly anticipated decision limiting the scope of software patents in the case of Alice Corporation v. CLS Bank. In the opinion, a unanimous court held that the patent claims involved the abstract concept of intermediary settlement, and that implementing this idea on a generic computer did not add anything new or innovative that would make the idea patentable.As a patent attorney, I like to read the court’s opinion myself rather than relying on news reports. I did that with this decision too, making notes and annotations on the PDF, and then adding ...

Treat Racism as Situational

June 19th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  O.J. Simpson became "more Black" after becoming a suspect in the murder of his ex-wife, and not just on Time Magazine's infamous tinted cover photo. He also became "more Black" in the sense that the context of criminal charges made his race more saliant to most Americans. We have a tendency to think of people as either racist or not racist. The more thoughtful among us might see degrees of racism instead of that absolute distinction. But it is still thought of as a quality that inheres in the person. New research, however, is expanding our view of what racism mea...

Easy Dictation for Attorneys: a Demo of Dragon NaturallySpeaking Voice Recognition

June 18th, 2014 by Cogent Legal Blog
Bottom line: I heartily recommend voice recognition software to busy attorneys who have fairly new computers (e.g. no more than 3 years old). —Ernie Svenson of Paperless Chase in his blog post reviewing Dragon NaturallySpeaking.I second the recommendation—attorneys should try Dragon voice recognition software because it is so useful and so inexpensive ($101.03 today on Amazon for Premium version 12 for Windows). In today’s blog post, I’ll share how I use dictation software for litigation, and show a video demonstration of how I get good results just using my laptopR...

Finding Value in Trial Consulting Services: It’s Not about Price

June 18th, 2014 by Litigation Insights
Over the past 20 years of providing top-level trial consulting services, we have seen a number of changes to the business landscape. One of the more recent developments is what could be called the “commoditization” of trial consulting services, (i.e., the rise of limited, one-size-fits-all, inexpensive jury research exercises – anything from quick focus groups [...]The post Finding Value in Trial Consulting Services: It’s Not about Price appeared first on Litigation Insights.

The BIG List of All 337 Litigation Consulting Report Articles

June 18th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Since 2011, we have published 337 articles on the Litigation Consulting Report blog. Our blog has been named one of the industry's best by the American Bar Association and now, five or ten people subscribe every day for free. The amount of valuable content available at no charge is overwhelming. You can read articles organized by topic using the tags that appear in the lower right column of this blog. You can download e-books that organize... Read more at http://www.A2LC.com/blog

Strategies for Influencing Jurors’ Note-Taking (Part 2)

June 17th, 2014 by soundjuryconsulting.com/blog
By Thomas M. O’Toole, Ph.D. Last month, I wrote about the importance of juror note-taking and raised the question of how an attorney might exert influence over a juror’s note-taking through his or her trial presentation. The fundamental concern was that, despite numerous studies and opinions about the value of allowing jurors to take notes, little attention has been given to how the way in which jurors take notes impacts their use and value during deliberations. This concern stemmed from a recent shadow jury experience I had where I was able to watch the various ways in which the jurors t...