6 Traits of Bad Business Developers You Never Want to See

October 22nd, 2014 by The Litigation Consulting Report
  by Alex Brown Director of Operations A2L Consulting In my last article on business development I discussed the traits of great business developers I like to see when hiring. Today, I focus on traits I like to avoid. If you close your eyes and try to picture a business development professional, what do you see? Depending on your age and whether you work in a law firm or elsewhere, some of the common images are:  Bud Fox from Wall Street      ... Read more at http://www.A2LC.com/blog

Changing American Attitudes: Gay/Lesbian Issues

October 22nd, 2014 by The Jury Room
Recently, Governor Jerry Brown of California signed AB2501 banning the “gay panic” defense in California. The story in the Visalia Times-Delta says, Californians cannot claim in court that they were “acting from panic or passion when they killed someone who they either knew or found out was gay or transgender.  Now they will face the full charges for their crime, just as if they had killed a heterosexual person.  No more “momentary insanity” claims because someone of the same gender (or transgender) made a pass (or you thought they made a pass) at you”. And it isn’t jus...

Enumerate: 7 Reasons Why Numbering Your Reasons Works

October 20th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  In previous posts, I’ve revealed a near-missionary zeal for structure. The division and sequence of presentations should be not simply known by the presenter, but emphatically obvious to the audience. I think that is better communication. It is also especially suited to legal persuasion during trial where litigators use a mostly-oral medium in order to help lay audiences understand what are often highly complex facts and evidence. Key questions should guide the opening, chapters should break up the direct examinations, and steps should lead your jury to the rig...

Morality in everyday life for the religious and the nonreligious

October 20th, 2014 by The Jury Room
The researchers recruited a sample of 1,252 adults ranging in age from 18 to 68 years of age who reside in the US and Canada. Each participant completed measures of religiosity and political ideation prior to participation in the actual study. All participants had smartphones and were randomly signaled on their phone for 3 days between 9am and 9pm. “At each signal, participants indicated whether they committed, were the target of, witnessed, or learned about a moral or immoral act within the past hour”. The participants wrote a text back to the researcher describing the event, where it ha...

The “life cycle effect”: To raise your income, do not become a mother! 

October 17th, 2014 by The Jury Room
Or if you already are a mother, do not have any more children. On the other hand, if you are a man, have as many children as you would like. And preferably with a woman who doesn’t mind taking a dramatic payroll hit at work. With children (as a man) you get an average 11.6% bump in your salary according to this report. The author opines that fatherhood “is a valued characteristic of employers, signaling perhaps greater work commitment, stability, and deservingness”. But we must remind you that this applies only if you are a man who is a father. And if you are a woman? According to today...


October 16th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  It's an unfamiliar word, "entrain," but here's what it means. In the hotel bar where I'm writing this, there are two conversations going on. At a table toward the back, two women are having what looks like a serious conversation. They're leaning in towards each other at identical angles, both dropping their chins in the same way, both speaking in the same quiet tone, and both mirroring facial expressions that show concern, then warmth, then humor. Meanwhile, up at the bar, two men are blowing off some steam. Both sit with their backs to the bar as they gaze around...

4 Ways That Juries Award Damages in Civil Cases

October 15th, 2014 by The Litigation Consulting Report
  by Elise Jefferson, MA A2L Consulting An intriguing and complex aspect of civil litigation is the use of damage awards as a means of achieving justice. This remains an inexact science; no one can predict the amount of money that a jury is going to award the plaintiff if liability is found. However, a good deal that is worth knowing has been learned about what goes into that decision. For example, studies have examined damage awards when jurors are asked to award a specific amount, as... Read more at http://www.A2LC.com/blog

The Libertarian Orientation Scale: Who’s the (real) Libertarian?

October 15th, 2014 by The Jury Room
After years of not having a way to measure those who consistently respond in a Libertarian direction, the Public Religion Research Institute (PRRI) has offered us a new scale to do just that. We posted on Monday about their survey of Libertarians and this is the measure they used to determine who was really Libertarian, who tended to lean Libertarian, who was not Libertarian, and who was a mixture of Libertarian and non-Libertarian attitudes. It’s an intriguing scale. But first, some terminology is in order. Libertarians are–in some cases rugged–individualists and thus notorious...

8 Traits of Great Business Developers (In or Out of Law Firms)

October 14th, 2014 by The Litigation Consulting Report
  by Alex Brown Director of Operations A2L Consulting These days, there’s no question that sales (or business development as law firms like to call it) is essential to the success of nearly every law firm. Law firms can’t exist without clients – and whether a firm prefers to expand its client base or to get more work from its existing clients, it needs to have a business development function. Accordingly, any law firm needs to hire people who know how to bring in business. Some law... Read more at http://www.A2LC.com/blog

Don’t, uh, Necessarily Worry About "Um"

October 13th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Back when I taught public speaking in college, I had a colleague who was so committed to exorcising her frequent use of "um," that she asked an associate to sit at the back of her classroom and hold up a sign with "um" written in foot-high letters every time she made that sound. That, of course, is the overreaction of a perfectionist. But most speakers -- particularly the less experienced ones -- are troubled from time to time by their tendency to add "um" or "uh" or "oh" to their speech. In practice, however, it is generally not worth the worry. Aside from being...

Libertarians in America: Who they are (what we know now)

October 13th, 2014 by The Jury Room
Back in 2010 we blogged on a survey of more than 150,000 Libertarians. We now have an update on Libertarians in America courtesy of the Public Religion Research Institute! Unlike the original survey, this one was based on a random sample of 2,317 American adults (from people who are part of GfK’s Knowledge Panel). Interviews were conducted online in both English and Spanish between September 21, 2013 and October 3, 2013. The results offer multiple tidbits potentially useful in voir dire (or simply for expanding your knowledge of Libertarians in America). The full text of their study is acces...

PowerPoint Skills for Litigators Webinars: Recording and New Session on Animation, Video & Hyperlinks

October 12th, 2014 by Cogent Legal Blog
Free Recording Available: PowerPoint Skills for the Litigator: Templates, Timelines and ToolsOur webinar on PowerPoint Skills for Litigators last week had great attendance and enthusiastic reviews from attendees. The webinar recording is now available for viewing, and you can download the slides used in the presentation for your own use.In this recorded webinar, Mike discusses how litigators should customize PowerPoint to their needs with templates and layouts, how to create and edit timelines, and some key PowerPoint tools that litigators should understand. Along the way, we learn how to c...

1-Question Survey: How Does In-House Hire Outside Litigation Counsel?

October 10th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting As part of A2L's jury consulting, litigation graphics and litigation consulting work, I routinely have the privilege of closely observing some of the best litigators in the business. I get to watch their preparation styles and see how they perform at trial. I also have a chance to witness opposing counsel's performance at trial. The comparisons between the two are fascinating for me. Chances are, if a litigator is working with A2L (or a firm... Read more at http://www.A2LC.com/blog

Expect Fear to be Driven by Dread, Not Data

October 9th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  As of the press time for this post, panic over Ebola is rising in the United States. With the first U.S. diagnosis of a patient last week, and that patient's passing shortly afterward, it seems that the media -- both social and institutional -- are dominated by fears of a wider outbreak. As new cases continue to reach the U.S., and deaths abroad near the 4,000 mark, there seems to be a widening disconnect between public reaction and the reassuring messages delivered by medical professionals in the developed world. According to a recent survey conducted by the&nbs...

14 Differences Between a Theme and a Story in Litigation

October 9th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Twenty years ago in my trial advocacy class, we talked a lot about developing a theme for a case. We learned to say things in an opening statement like, "this is a simple case about right and wrong" or "no good deed goes unpunished." The goal of developing and communicating a theme is to give your fact-finder(s) an organizing principle that they can fit the evidence into neatly. However, for as much as we talked about themes, one thing I... Read more at http://www.A2LC.com/blog

How To Help a Jury Understand Complex Litigation?

October 7th, 2014 by Litigation Insights
We hear this quite a bit from our clients. An attorney, when introducing us to his pending complex litigation matter, tells us upfront, “This is a complicated case.” It’s code for, “I don’t think jurors will understand this case.” We hear it again in opening statements: “This is a complicated case.” So now, the attorney [...]The post How To Help a Jury Understand Complex Litigation? appeared first on Litigation Insights.

Speed Up to Limit Counterargument (and Slow Down When Preaching to the Choir)

October 6th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The belief is that “fast-talking” applies easily to “lawyer,” just as it naturally attaches to “salesman,” "politician," or other perceived “slicks” who are able to persuade before their targets quite realize what is happening. But does speed of speech really convey an advantage in persuasion? The answer is a solid, “It depends.” The research cuts both ways. It turns out that faster or slower speaking doesn’t just influence comprehension or credibility, but cognition as well: The factor that makes faster speech more effective in some co...

The changing American juror: Does it matter if that juror is single or married?

October 6th, 2014 by The Jury Room
We’ve known for a while that the proportion of American adults who are married is decreasing but in mid-September, 2014 there was a flurry of media coverage over economist Edward Yardeni’s report (titled “Selfies”) that the majority of Americans are now unmarried (he calls that “remarkable”) and believes they are driving economic changes. Unfortunately, his report is behind a paywall and we cannot access it but thanks to Bloomberg, we know some of what he had to say (and much of it appears to be drawn from publicly accessible statistics from the US Census Bureau). In short, in 1976...


October 3rd, 2014 by Tsongas Litigation Consulting, Inc.
My son woke up this morning and said, “Yay! It’s Friday. Hashtag no homework for two days. Hashtag let the weekend begin.” (That’s a direct quote; he actually said the word “hashtag.”) Then my daughter chimed in, “Hashtag crush Lincoln.” (Referring to tonight’s high-school rival varsity football game.) Now I’m not so out of touch that I don’t know what a hashtag is, but has social media infiltrated our modern day vernacular to the point of transforming it into bite-sized labels of our feelings? The answer is epitomized in the 2013 hashtag parody by Justin Timberlake and J...

7 Litigator-Friendly Conferences Worth Attending

October 3rd, 2014 by The Litigation Consulting Report
  Elise Jefferson, M.A. A2L Consulting Some of the most valuable learning opportunities are provided through educational forums such as conferences or webinars. These forums allow for litigators to learn skills directly from individuals with expertise on everything from presentation styles to issues with expert witnesses. Many of the articles on the A2L Website offer advice and examples on how to improve your overall skills as an attorney. Several articles also address how to approach... Read more at http://www.A2LC.com/blog

Are you a White American? How Black is your network?

October 3rd, 2014 by The Jury Room
Not very Black at all. In fact, according to the 2013 American Values Survey from the Public Religion Institute, “the average white American’s social network is only 1% black”. But wait. It gets worse. “Three-quarters of white Americans haven’t had a meaningful conversation with a single non-white person in the last six months.” We are not talking about Facebook networks. Instead, we are talking about a much more meaningful definition of network. The researchers asked respondents to identify “up to seven people with whom you have discussed important matters in the past six months...

Take the Oath Seriously

October 2nd, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The "swearing in" that precedes testimony is a ritual steeped in religious tradition, though it is routine these days for the oath to simply involve a solemn promise to tell the truth, without any specific religious trappings. But the form of the oath is still often within the judge's discretion, and in some courts, that still means a hand on a Bible. Or for one defendant in a recent trial, it means a hand close to, but not quite touching that Bible. As reported in the New Jersey Law Journal, the near-touch occurred when a defendant of Indian descent, Dr. Abez Hu...

19 Ways in Which the World Has Changed Since 1995

October 1st, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Today marks A2L Consulting's 19th anniversary. Almost 20 years ago, I began planning to set up this company even while I was finishing law school. Now we are one of a small handful of top litigation consulting and visual persuasion consulting firms in the country. In these past 19 years I have observed massive changes in the ways in which people communicate, both inside and outside the courtroom. In 1995, it was still fairly novel to have a... Read more at http://www.A2LC.com/blog

Admissibility of brain scans in criminal trials

October 1st, 2014 by The Jury Room
It’s been a while since we’ve done an update on neurolaw issues and we think you’ll want to read the entire article upon which this post is based. The article is published in Court Review: Journal of the American Judges Association (which is probably a journal you would benefit from perusing regularly). The article (authored by a psychiatry professor with both MD and JD degrees) offers a review of past courtroom use of the Positive Emission Tomography (commonly referred to as a PET scan) and their potential admissibility for criminal trials. This is obviously a very contentious topic but...

Two Webinars for Litigators: Adobe Acrobat (10/1 at noon) and PowerPoint Skills (10/8 at noon)

September 30th, 2014 by Cogent Legal Blog
I’m leading two webinars in the coming week that litigators may want to join.First, tomorrow Wednesday, October 1, 2014 at noon Pacific, I’m leading “Technology Tips for the Litigator on Using Adobe Acrobat” for the Law Practice Management and Technology Section of the State Bar. In the session, I’ll cover power user tips for Adobe Acrobat including creating PDFs, editing PDFs, annotating PDFs, Bates Numbering, redacting, E-briefs, and hyperlinking. You can preview a copy of the slides that I’ll be using for the webinar at this link. This program offers 1 ...

Jury Selection in Ten Questions or Less

September 30th, 2014 by Tsongas Litigation Consulting, Inc.
How much can you learn about a person in 10 questions? Can you learn enough to know whether he or she can be a fair and impartial juror? If you could, what questions would you need to ask? An article in the New York Times asked the question, “Will you be seated on a jury?” To answer that question, they posed 14 questions. Each answer would move the needle closer to either the plaintiff’s or defense’s end of the scale, and provide the rationale for the direction of the needle’s movement as well as why the defense or plaintiff attorney would strike you from the panel. The hypo...

Check Your Mock Trial Against This List of Thirteen Best Practices

September 29th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I have learned from talking with clients that the phrase “mock trial” can refer to many different things. There is a common core -- mock jurors hearing parts of a case and deliberating while you watch -- but beyond that, the way that it is executed can vary quite a lot. So for this post, I thought I would share my own list of 13 "best practices."   1. Randomly Recruit Your Mock Jurors The quality of your results will only be as good as the quality of your participants going in. As I have written before, mock jurors who are randomly recruited wil...

Simple Jury Persuasion: Should you consider 3-D for your courtroom videos?

September 29th, 2014 by The Jury Room
Evidence admissibility issues aside, the answer is, “only if you can do it as well as they did in the 3D movie Polar Express”. As it turns out, 3D isn’t that much more impactful than 2D unless it’s done really, really well. Psychologists and neuroscientists studying emotion often use film clips for their research. So when these researchers from the University of Utah thought about the influx of 3D films, they wondered if those films would have more emotional impact than the older 2D films–especially for younger viewers (whom we might consider potential jurors). Theoretically, 3D ...

Would you prefer a smaller government? Actually, no you would not. 

September 26th, 2014 by The Jury Room
For a number of years now, we have been asking our mock jurors what role they think government should play in our society and giving them a number of options among which to choose. Most of them say government should play a smaller role and we certainly have all heard the media messages that tell us “smaller government is better”. The research we are covering today says that, in truth, big government (or at least bigger government) makes people more satisfied with their lives (at least if they live in advanced and industrial democracies). The researchers examined World Values Surveys betwe...

$300 Million of Litigation Consulting and Storytelling Validation

September 25th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting A2L supported a major win at trial last week, and the lessons from that win are extremely useful for any litigator. The case involved two of the world's top litigation law firms and, respectively, two of their top litigators, both of whom have storied careers. A2L worked for the plaintiff, an inventor. The defendant was a multi-billion dollar technology company that had licensed the plaintiff's technology. The dispute largely centered around... Read more at http://www.A2LC.com/blog

The Top 5 Qualities of a Good Lawyer

September 25th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I'm often asked for advice on hiring a lawyer. In fact, I refer about two dozen cases/clients out to trustworthy lawyers each year. Usually, they range in value from family law-types of cases to $100 million complex commercial disputes. I am in a unique position. While trained as a lawyer, I don't practice. I spend the majority of my time running A2L, a litigation consulting firm, and I publish what is likely the most widely read litigation... Read more at http://www.A2LC.com/blog

Roger Goodell, the NFL, and the Importance of Central Facts

September 25th, 2014 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. The current NFL scandal surrounding Ray Rice and his wife, and the numerous subsequent incidents with other players (i.e. Greg Hardy, Adrian Peterson, etc.), offers a perfect example of the problem with the “storytelling” advice that pervades the jury consulting industry these days. In many respects, the story for the NFL was strong. It had all the components of apology that scholars recommend for corporate scandals. It indicated that change was imminent. In short, it was a good story and everyone probably (understandably) felt good about the...

How Much Money Does Someone Earn for Participating in a Mock Trial? | Jury Research Education Series

September 25th, 2014 by Litigation Insights
A Penny for Your Thoughts?  Mock Trial/Focus Group Compensation The amount of money a person can earn for his or her participation in a mock trial or focus group varies widely. When planning for compensating participants for a mock trial, a few factors determine the level of compensation to expect. Certainly the geographic location a [...]The post How Much Money Does Someone Earn for Participating in a Mock Trial? | Jury Research Education Series appeared first on Litigation Insights.


September 25th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  One of my pet peeves is referring to individuals as "diverse." For example, it's never felt right hearing something like, "The firm is pleased to announce three new diverse hires." I understand that the word is being chosen in preference to the word "minority," a word that has its own flaws. But it is the whole and not the individual who is "diverse" as a result of greater inclusion. The firm is more diverse, not the individuals who join the firm. That reasoning, it turns out, extends to the benefits of diversity as well: It is the whole and not just the individ...

Unfaithful partner? Would you rather be seen as mature– or as competent and strong?

September 24th, 2014 by The Jury Room
According to new research, you can’t have both. Inspired by women who told them they “would not vote for Hillary Clinton [in the Presidential primaries a decade later] because she forgave then-President Bill Clinton’s infidelity”, these researchers looked at how male and female observers viewed male and female victims of infidelity based on how they responded to their partner’s behavior. The researchers did three separate experiments: The first experiment used 100 male fraternity members (aged 18 to 24 years) who read a story about (ostensibly) a member of their own fraternity whose ...

PowerPoint Features Litigators Should Be Using – Free Webinar Wed. 10/8 at Noon Pacific

September 23rd, 2014 by Cogent Legal Blog
At Cogent Legal, we often help litigators with PowerPoint, and now we plan to share some of our PowerPoint secrets for litigators in a free webinar. The webinar will be held on Wednesday, October 8, 2014 at noon Pacific, and you can register by clicking here. Here’s a short video preview of the webinar and some of what we’ll be covering:  In the webinar, we’ll talk about key features of PowerPoint that you should understand, including the following:Themes and Layouts: Themes and layouts control the look of your slide, and they also help you make slides more quickly. ...

Mind the Backlash: The Reptile’s Adventures in Scotland

September 22nd, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  British Prime Minister David Cameron is breathing easier after voters in Scotland rejected independence last week. For Great Britain, it will go down in history as one of the greatest modern political gambles. The vote was called at a time when fewer than one in three Scots favored independence. But in the weeks leading up to the election, that changed dramatically as the race became "too close to call" and Cameron's future looked to be in doubt. Even though the unity position won by more than ten points, it did end up being a wee bit closer t...

It’s 2014: Where are all the female subjects in surgical research?

September 22nd, 2014 by The Jury Room
More than two decades after the 1993 Revitalization Act was signed (stating women and minorities must be included in NIH funded research), females are still under-represented in both “basic science and translational surgical research”. The authors acknowledge that medical research on human subjects is only a small subset of all medical research. However, even those studies using animals and cells have females under-represented. Why? Females, whether cell, animal or human (due to hormonal fluctuations) are harder and more expensive to study and including them may make the research much more...

Social media has not killed “the spiral of silence”

September 19th, 2014 by The Jury Room
We’ve blogged a fair amount on the impact of the internet and social networking on jurors but here is something unexpected. People that engage in social media are less likely to discuss heated topics in the news, not more likely. This is according to a recent Pew Research report. Back in 1974, Noelle-Neumann described the “spiral of silence” which basically describes a tendency to not speak up when we perceive our own beliefs and opinions to be in the minority. With the advent of intense social media involvement, researchers had hoped there would be more willingness to engage in discussi...

A Simple Exercise for Effective Theme Development

September 19th, 2014 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. Libraries have shelves and shelves of books and articles full of clever tricks and tips for developing effective case theories and themes. Some are gimmicks. Some do not come close to accomplishing what they promise. I recall hearing one story about placing a bunch of case-related words in a jar and randomly picking them out. I have seen exercises that reminded me of the old Mad Libs books from my childhood years. One of the dangers in our profession is that the givers of advice can get a little too cute or “gimmicky” in their attempts to se...

Strategic Voir Dire Technique

September 18th, 2014 by OpenDOAR Blog
At the invitation of the American Bar Association, DOAR’s Roy Futterman, Ph.D. created this 13-minute audio advanced class on “Strategic Voir Dire Technique”. Click to Listen  

Treat This as Simple Truth: What’s Simple Seems Like Truth

September 18th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:   Trial lawyers and consultants know how important it is to boil it down, and tend to agree with the three points famously made by Henry David Thoreau: "Simplify, simplify, simplify!" Our main reason for doing so, however, might be a little bit too simple. It is not just that simpler messages are more likely to be understood by a harried judge or a lay jury. The simpler claim is also more likely to be considered true. "Occam's Razor," or the principle that the simplest explanations are often the best, is now buttressed by a line of research on "cognitive flue...

The Top 10 Tips for Selling Professional Services

September 17th, 2014 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting As the founder of A2L Consulting I've had the opportunity to do every job in the company at some point in the last 20 years. I enjoy technical work that requires deeply complex thinking. I'm great at conceptualizing litigation graphics for opening statements. Not surprisingly, as CEO, I also love leadership and strategy. However, the job I love the most is helping people connect with the right people at A2L who can solve their challenges. Usually,... Read more at http://www.A2LC.com/blog

The Disgust Scale: How have we missed this all this time?

September 17th, 2014 by The Jury Room
We’ve covered a lot of the disgust research so it is curious to us that somehow we missed sharing the actual Disgust Scale with you earlier. The Disgust Scale was developed by the infamous Jonathan Haidt (his surname is pronounced “height”) back in 1994 before disgust was considered cool. In brief, the Disgust Scale was designed to “assess sensitivity to seven domains of potential disgust-eliciting stimuli (i.e., Food, Animals, Body Products, Sex, Body Envelope Violations, Death and Hygiene) and levels of Sympathetic Magic (i.e., beliefs about the transmission of contagion)”. The Dis...

Flip the Order of Your Adverse Witness Preparation

September 15th, 2014 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Let’s say that in trial, your witness will be called adverse and will go through the other side’s cross-examination before getting a chance at your direct.[1]  But in your preparation sessions, you should still take them through your direct examination first. That’s what I call the “flipped” order, and in this post, I aim to make the case for this as the better approach. Most defense attorneys and witness consultants will intuitively follow the opposite order: Because your witness is likely to be called in the other side’s case, you start wit...

“Smart people ask for (my) advice!”

September 15th, 2014 by The Jury Room
We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does not make you appear either dumb or incompetent. Instead, asking for advice makes you seem more capable. While initially this may seem unlikely, think about how much people love to give advice. When someone is asked for advice, they experience a boost in self-confidence, which, say the researchers, in turn enhances their opinion of the person seeking advic...

Why Didn’t My Witness Do What I Told Him To Do During Witness Preparation?

September 12th, 2014 by Litigation Insights
It’s a universal experience. Nearly every attorney who has ever sat down for witness preparation before a deposition, or before trial, to provide clear instructions and guidelines about what to say/not say, or what to do/not do, has at some point found himself asking: “Why didn’t s/he listen to me?!” Recognize Testifying Is an Unnatural [...]The post Why Didn’t My Witness Do What I Told Him To Do During Witness Preparation? appeared first on Litigation Insights.

The Fear of Missing Out (FoMO) Scale

September 12th, 2014 by The Jury Room
Social media applications have made it much easier for us to know what our friends are doing. While this knowledge can have positive benefit, it can also result in a paralyzing fear of missing out (popularly known as FoMO). FoMO has even made the Oxford Dictionary and is defined there as “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website”. Researchers in 2011 and 2012 defined FoMO as “the uneasy and sometimes all-consuming feeling that you’re missing out — that your peers are doing, in the kno...

Practice is a Crucial Piece of the Storytelling Puzzle

September 11th, 2014 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting This article is the last in a series of six articles about storytelling and trial preparation. Parts 1-5 are linked at the bottom of this article. What is a trial attorney supposed to do after he or she has developed a theme and a story plus some graphics to support them visually? The answer is, test them. I encourage you to use mock juries, not to predict the outcome of your trial, but to see what themes... Read more at http://www.A2LC.com/blog

PowerPoint Skills for Litigators – Free Webinar Wed. 10/8 at Noon Pacific

September 11th, 2014 by Cogent Legal Blog
Litigators use (and misuse) PowerPoint more than any other presentation tool. At Cogent Legal, we often help litigators with PowerPoint, and now we plan to share some of our PowerPoint secrets for litigators in a free webinar. The webinar will be held on Wednesday, October 8, 2014 at noon Pacific, and you can register by clicking here.In the webinar, we’ll start with a blank PowerPoint screen and finish with a polished timeline slide. Along the way, we’ll learn how to create and edit master slides and slide layouts, how to draw and edit simple objects in PowerPoint, and how to cr...