New Research on Recording Video Depositions Answers Old Questions

July 27th, 2015 by Tsongas Litigation Consulting, Inc.
Over the years we have heard and had many strong opinions on what approach deponents should take when being video recorded, which was not much of a concern just a few decades ago. However, as deposition transcripts have been increasingly supplemented by synchronized video and audio, witness credibility shifted from judgement of the words on a page to many of the same elements of credibility that apply at trial (i.e., does the witness look credible? do they sound credible?). Furthermore, depositions happen much more often than trials, and in the vast majority of the cases that settle a particul...

Top 3 Legal Technology Trends in 2015

July 27th, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
A recent ThinkTank article asks several leaders in the Legal Technology space to share their big-picture thoughts on the direction we're heading. A few of the key issues mentioned are the billable hour, artificial intelligence, and smart devices. For my bit, I've included a bit on courtroom technology. Here is my Q&A. Links to the full article are below.Question:“What are the top three legal technology trends you have seen so far in 2015, and what do you expect to see in the near future? Why should law firms/attorneys be paying attention to these?”Answer:1. Courtroom trial presentation...

Expect Your Jury to Be a Pretty Good Lie Detector

July 27th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  How good are you at knowing when people are telling you the truth and when they're lying? Generally, I'd wager that the average person probably thinks they're better than average. And those who are self-styled experts or who have undergone training in lie detection likely believe that they have a decided advantage in spotting the liars. There's just one problem with that: A long line of experimental research shows that when trying to detect falsehoods, even trained experts typically fare little better than chance. When tested in blind experiments, 'human lie dete...

Things you always wondered about—probably  not so much

July 27th, 2015 by The Jury Room
Here again is a collection of tidbits we don’t deem worthy of a complete blog post but which might be of interest or even amusing to you. Social media is how we get our news these days While you may think Twitter is receding in importance, the numbers beg to differ. A new Pew Research study tells us that ever-increasing numbers of Americans get their news from Twitter and Facebook. Sixty-three per cent of users on both platforms say they use the social media sites for news outside the realm of friends and family. (These percentages are up from 52% for Twitter users and 47% for Facebook users...

[New & Free E-Book] The Litigation Support Trial Toolkit 3rd Edition

July 24th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting At A2L Consulting, we have just published our latest e-book – the third edition of the Litigation Support Professional's Trial Toolkit. It's 262 pages long, contains 88 articles and is completely complimentary to download. This new e-book will be indispensable to any litigator or litigation support professional who wants a summary of the latest thinking in the fields of trial technology, trial graphics, and litigation support. In this book,... Read more at http://www.A2LC.com/blog

Neurologically speaking, narcissists are needy 

July 24th, 2015 by The Jury Room
We’ve written about narcissists a fair amount here and today’s post shows us that the brains of narcissists are indeed very special—but not in a good way since they have “weakened frontostriatal connectivity”.  But you probably knew that already. It’s a sort of neural disconnect, say the authors, between the self and reward. That disconnect may lead the narcissist to seek excessive reassurance from others. Researchers from the University of Kentucky at Lexington recruited 50 undergraduate students and asked them to complete the Narcissistic Personality Index. Then they completed a...

Don’t Be Seduced by a Cheering Minority

July 23rd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Some observers didn't think it possible, but here we are: Currently sitting pretty at the top of the polls for the GOP Presidential Nomination for 2016 is...Donald Trump. The businessman, real estate magnate, reality show M.C., and general "Tell it like I see it" personality is currently polling at close to a quarter of likely Republican primary voters, well ahead of other contenders like Scott Walker and Jeb Bush. Despite a long history of insensitive statements, as well as a very recent history of comments taken as deeply insulting to immigrants and deeply disr...

What Are the Best Characteristics of a Great Trial Graphics Artist?

July 23rd, 2015 by Litigation Insights
The graphics artist you hire for your case is your doorway to a sleeker, more comprehensible case. Crafted carefully and creatively, the graphics you present to the jury will play a central role in juror comprehension and retention.  So the more talented, knowledgeable and flexible your graphics artist is, the more value he will add. [...]The post What Are the Best Characteristics of a Great Trial Graphics Artist? appeared first on Litigation Insights.

The Donald Trump Effect:  Press coverage can determine public opinion and maybe election outcomes

July 22nd, 2015 by The Jury Room
Donald Trump has been getting a lot of press since he announced his candidacy for President. He is labeled a racist by critics, yet leads the polls of Republican presidential candidates. CNN has an explanation of why they think Trump continues to poll so well (he is attacking fellow Republicans and connecting with angry voters who are frustrated with political inaction), while others see his polling as reflecting his bombastic troll-like style, and the Huffington Post announced this week they will only cover his campaign as “entertainment” since it is certainly not politics. A new Gallup p...

10 Types of Value Added by Litigation Graphics Consultants

July 20th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Over breakfast the other day, a partner in a major law firm was explaining to me that it can be challenging to explain the added value that litigation graphics consultants can provide in a case, especially given the challenging budget environment in which litigators operate today.  He was surprised when I said that the key here is not the fact that graphics consultants know how to prepare PowerPoints. After all, the average law firm... Read more at http://www.A2LC.com/blog

Don’t Blame Juries for Wrongful Convictions

July 20th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  As of this post's press time, the National Registry of Exonerations shows the number 1,625. Those are the documented ones, at least, marking the number of people convicted of serious crimes who have been later shown to be not guilty. As our understanding of the prevalence of wrongful convictions grows, scholars and advocates are looking into the reasons why. Kara MacKillop and Neil Vidmar of Duke Law School have a new article in the Chicago-Kent Law Review (MacKillop & Vidmar, 2015), in which they ask, "With estimates of wrongful...

“I am so tired of people mistaking me for a model!” [#humblebrag]

July 20th, 2015 by The Jury Room
Oh the “humblebrag”. It’s really not that long since career counselors were suggesting interview questions asking about weaknesses could be turned to the candidate’s advantage by responding about an alleged weakness that was really a strength. (“Weakness? I think I tend to be perfectionistic. I just can’t send in a report without double-checking it for spelling, grammar, and content errors.”) Alas, times change and now the humble brag is looked at with disdain. We were pleased to see one of our favorite research groups publish a working paper on the art of humble bragging. And ev...

Qui Tam: What if the whistleblower is the lawyer? 

July 17th, 2015 by The Jury Room
We’ve worked on several qui tam cases where mock jurors have been suspicious of the motivations for the whistleblower given the huge amounts of money they stand to make. So what if the whistleblower is the [current or former] lawyer? There’s a really interesting article in SSRN on the ethical issues surrounding lawyers blowing whistles. The authors (both law professors) comment that the attorney is in the perfect position to have information a whistleblower would need to file a qui tam suit and neither the False Claims Act (aka the whistleblower act) nor Dodd-Frank (which allows whistleblo...

Don’t Wear Your Tension on Your Face

July 16th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Think about your face. There are 43 muscles there, and even now as you're reading this post, some are tensed and some are at rest. The resulting combination is what we call "expression." That unique configuration of facial muscles is used as a basis for some very quick judgments --- quicker than conscious processing -- about you: your personality traits including competence, warmth, intelligence, and seriousness, and also your more transitory states such as your mood and intentions. All that is, as they say, "written all over your face" and ready to be read by th...

Less is More When Preparing Witnesses for Deposition

July 15th, 2015 by Sound Jury Blog
By Thomas M. O’Toole, Ph.D. There is a popular 3M study that is often used to support the argument that attorneys should utilize more graphics in trial. The study found that audience members retained as little as 10% of the information three days later if the presentation was oral only; however, when presented the same information through both oral and visual presentation, the retention rate jumped to 65%. While this study is most often used to support the argument that presentations need a visual component, its implications can be applied to other areas of litigation. One that comes to min...

Are jurors more skeptical of police on the witness stand now? 

July 15th, 2015 by The Jury Room
Police and firefighters earned a major boost in respect and credibility after the terrorist attacks of 9/11/2001. We routinely saw mock jurors expressing admiration and a belief that the police or firefighter client, witness or party was telling the truth. More recent news, however, has left many more suspicious of police officers’ testimony and sparked a movement: #BlackLivesMatter. The Washington Post recently published an analysis of fatal police shootings from 2015 (almost 400 nationwide so far this year) and reported some disturbing facts: About half those shot by police were white, hal...

Best Courtroom Presentation Providers

July 14th, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
Litigation-Tech has been named one of THE BEST COURTROOM PRESENTATION PROVIDERS in The Recorder’s 2015 poll! This is the 3rd time readers have voted for us as their favorite, and we have been informed that as a result, we will also receive the Hall of Fame Award. Thanks so much to all who voted! It is truly humbling to be recognized among the many fine trial presentation providers in the Golden State. I can say that we love what do, and we're glad others do too!Today marks the 6th anniversary of Court Technology and Trial Presentation! We have a great collection of popular articles, man...

Attorney-Juror Contact: What to Do When Running into a Juror Outside of the Courtroom

July 14th, 2015 by Litigation Insights
Opening statements had just ended and members of the trial team were beginning to return from their lunch breaks.  The attorney we were working with for this shadow jury and I got on the elevator in the parking garage and he began telling me about the upcoming witness testimony.  As people (some of whom presumably [...]The post Attorney-Juror Contact: What to Do When Running into a Juror Outside of the Courtroom appeared first on Litigation Insights.

Repelling the Reptile Trial Strategy as Defense Counsel – Part 4 – 7 Reasons the Tactic Still Works

July 13th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting In my previous three posts concerning the “Reptile” trial strategy, I provided an introduction to the strategy, I discussed how to spot it, and I discussed why the science that its authors claim supports the strategy is just plain wrong. As I have mentioned in previous articles, this trial strategy has been largely absent from the types of cases that we work on at A2L. However, with high-stakes pattern litigation on the rise, and with the... Read more at http://www.A2LC.com/blog

Avoid Gaze Aversion in Your Deposition Video

July 13th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Every experienced communicator knows that eye contact can be key to credibility. A communicator who maintains strong eye contact has power and immediacy, while one who avoids eye contact conveys weakness and a lack of confidence. For witnesses, that understanding is easy enough to apply in situations of live testimony: Look at the examining attorney while the question is being asked, then look at the individual jurors while delivering the answer. But what is the correct advice in a deposition? As video-recording increasingly comes to be the 'standard of care...

Why good people do bad things (and how to stop) 

July 13th, 2015 by The Jury Room
Here’s a really easy solution to our tendency to sometimes do bad things: be aware of the temptation and think of the longterm consequences of the behavior. It’s a simple answer to a vexing problem that has been with us for millennia. Researchers wanted to see how identifying an ethical conflict and considering the long-term consequences might shape behavior and so designed a series of studies to test the question. The result is a straight-forward recommendation to do what Mom would have told you to do (if only you would have listened!). In the first experiment, students in a master’s le...

Keeping Juror Internet Use in Check

July 10th, 2015 by Tsongas Litigation Consulting, Inc.
Consider for a moment how frequently you search the internet in a given day. While some of the searches are probably just for fun (like this one of bulldog puppies), most of your searches are probably conducted to learn more about a given topic. These days, it’s effortless and somewhat automatic given that nearly everyone has access to the internet and over half of adults have smart phones. Now consider the temptation that your jurors may face when they’re presented with legalese they don’t understand, or inadmissible facts are hinted at, or they simply want to know more about an expert ...

Can you identify racist jurors by asking if they watch local  TV news?

July 10th, 2015 by The Jury Room
So here’s a voir dire fantasy: When race is salient to your case, strike for cause all potential jurors who say they watch their local television news. For what cause? Because they’re more likely to be racist—at least according to today’s research. Local news coverage tends to focus on crime according to the researchers and they tend to cover crimes committed by African-Americans all out of proportion to their actual occurrence in the local community. The regular local TV News viewer might therefore be under the impression that African-Americans are a significant and dangerous criminal...

Make Your Damages Numbers Meaningful

July 9th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Flip a coin, roll the dice, pick a number, throw a dart -- there is no shortage of metaphors for the perceived randomness of juries. That belief that "anything can happen," is applied to some extent to the whole jury model, but nowhere more so than on the topic of civil damages. When jurors are asked to supply a number, particularly on the categories that are intangible (like pain and suffering) or somewhat speculative (like lost earnings), the eventual number is sometimes treated as a kind of crapshoot. What's more, the process that the jury goes through to get ...

Group discussion (think juror deliberation) improves lie  detection

July 8th, 2015 by The Jury Room
Want to see a lively argument? Ask a couple of legal professionals if jurors can detect deception in witnesses or parties— and then slowly back away. It’s a hotly debated topic with some saying “jurors usually get it right” and others pointing to reams of research saying no one is a very good lie detector. We’ve written about deception a lot here and you are likely aware that accuracy rates in detecting deception are only slightly greater than chance (even among trained professionals). But today’s research may change your mind. This is terrific news! While individuals are never tha...

[New Webinar] Winning Cases BEFORE Trial Using Persuasive Graphics

July 7th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting We at A2L are sponsoring later this month a new and exciting webinar entitled “Winning Your Case BEFORE Trial Using Persuasive Litigation Graphics.” Whether you are in-house counsel, outside counsel, or a member of a litigation support team, this 60-minute webinar will prove invaluable and will reveal secrets of persuasion that will help you win cases before trial. The key insight here is that graphics aren’t only for use at trial. They can... Read more at http://www.A2LC.com/blog

Local Court Rules – Local Experience

July 7th, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
Who’s in your hot-seat?When is the last time you were in trial? Was that in the Federal Court, Superior Court, or an Alternative Dispute Resolution (ADR) provider, such as JAMS or AAA? If you are preparing for trial now, do you have someone on your trial team who is familiar not only with the latest in trial presentation and technology, but with your actual trial venue? Similar to associating Local Counsel to assist in distant venues, this can literally be the key to a smooth and successful presentation – or a failure.As mentioned in our last article, it won’t look good if you cannot hoo...

Speak Extemporaneously: Seven Tips for Losing the Notes Without Going Off-the-Cuff

July 6th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  By the time they get to opening statements or closing arguments in trial, most lawyers have been living with the case facts and story so long that talking about it really isn’t the problem. What is the problem, though, is sticking to a plan, hitting the time limit, and not leaving anything out that's critical. The need to do all of that sometimes leads attorneys into the temptation to walk up to the lectern with a script or a stack of notes. I've seen some who can effectively get away with that kind of crutch, but most cannot. And for every trial lawyer, it is ...

Trustworthiness, real adulthood, cat videos and how open you are to experiences 

July 3rd, 2015 by The Jury Room
Here’s another installment of things we think you might want to know but to which we don’t wish to devote an entire blog post. Keep reading to have tidbits worthy of sound bytes over drinks. The onset of ‘real’ adulthood Five years ago we were distressed to discover that middle age begins at 35 and now we have the definitive word on when “real adulthood” begins. It isn’t upon graduation from college, hitting age 25, or even having children. As with many things, it appears to be about money. When we hit economic milestones, we are truly considered “adult”. “The latest Allsta...

Repelling the Reptile Trial Strategy as Defense Counsel – Part 3 – Understanding the Bad Science

July 2nd, 2015 by The Litigation Consulting Report
  Read more at http://www.A2LC.com/blog

Don’t Treat Racism as Just a Belief

July 2nd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  As of posting time, seven African-American churches have burned down since the racially motivated murders in Emanuel African Methodist Church in Charleston, South Carolina two weeks ago. One of those fires may have been caused by lightning, but there's a concern that others may have been caused by a belief - namely, racism toward African-Americans. But that understanding of racism as a conscious and pointed belief can limit our understanding of the full spectrum of the bias. Those who say that racism is mostly a thing of the past, for example, might jus...

Finding Jurors with Limited English Proficiency During Jury Selection

July 2nd, 2015 by CourtroomLogic » Blog
A new appellate opinion in Texas raises an important issue for jury selection: observe your panel carefully to identify jurors who may not have a solid command of the English language. And make a record of any concerns! The Second District of Texas issued an opinion in Eban Stillwell v. State of Texas on May 28th. It’s an important decision, especially for those who try cases in venues with a large percentage of residents who speak English as a second language… or do not speak English at all. The Stillwell appeal dealt specifically with a juror’s limited ability to grasp...

The Bias Blind Spot Scale 

July 1st, 2015 by The Jury Room
We’ve written about the bias blind spot here before and now there is an actual scale to measure your specific bias blind spot (since, as it turns out, we all have one or more). You may wish to disagree with the statement that we all have a bias blind spot. That is precisely why it’s called our bias “blind spot”—we cannot see it. In fact, in the sample of 661 adults used to develop the Bias Blind Spot Scale, only 1 person reported being more biased than the average person. The rest of the group thought themselves less biased than others. As one of the authors says: “People seem to h...

Communicating Your Themes: Do I Have to Say My Case Themes Out Loud?

June 30th, 2015 by Litigation Insights
When talking with trial teams, one question we sometimes hear is, “Do I really need to say those words – to really say my themes out loud?” And the answer is: Yes. You really do need to say the themes – the same words over and over again – if you want them to be [...]The post Communicating Your Themes: Do I Have to Say My Case Themes Out Loud? appeared first on Litigation Insights.

Top 9 Litigation Consulting Articles from Q2-2015

June 30th, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting It's been another great quarter of publishing blog articles on A2L's Litigation Consulting Report Blog. This quarter, there were more than 45,000 blog post views, and we are just about to cross the 7,000 subscriber mark. I find those metrics incredible. Since we post 2-3 articles every week, I've heard from our readers that it is sometimes hard to keep up with the latest articles. To help remedy that and organize the information better, roughly... Read more at http://www.A2LC.com/blog

Connected With Court

June 29th, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
In this era of fewer trials, if you still find yourself in front of a jury now and then, you may have noticed a few upgrades to some of our courtrooms. You’ll find equipment installed and available in many Federal courtrooms, and some Superior courtrooms as well. It’s a good idea to check into this well in advance if you are going to trial, in order to determine what (if anything) is available, and what you’ll need to bring in order to make it work for you. You should also test the actual system. There is no good excuse for not being able to present your Opening Statement due to equipmen...

Design Your Metaphor

June 29th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  There’s a movie currently in the theaters called “Inside Out.” In the animated film, pyschological drives are personified as characters – joy, anger, disgust, fear, and sadness – all in charge of navigating the mental experiences of the main character, an 11-year-old girl. Beyond being a bit of entertainment for children, the movie is being credited with popularizing an important way of thinking about emotions and childhood development. Personifying those emotions as distinct, competing and cooperating characters, also shows the power of metaphor. The a...

A new issue of The Jury Expert 

June 29th, 2015 by The Jury Room
We try to post the Table of Contents for new issues of The Jury Expert here when it publishes and there is a new issue up now. Here’s what you’ll see if you visit. Does Deposition Video Camera Angle Affect Witness Credibility? by Chris Dominic, Jeffrey Jarman, and Jonathan Lytle–all of Tsongas Consulting. Many of us have had spirited discussions about how the angle of the camera in deposition affects the impression of witness credibility. We all have strong ideas and sound reasons behind those ideas. These authors had the same sort of discussions but actually did research on it so yo...

Repelling the Reptile Trial Strategy as Defense Counsel – Part 2 – 10 Ways to Spot the Reptile in Action

June 26th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting As I discussed in Part 1 of this series, the “reptile” trial strategy is quickly spreading among plaintiffs counsel. Some plaintiffs counsel have, in fact, claimed that the strategy has resulted in verdicts totaling more than $6 billion in the past few years. In a large room of defense attorneys to whom I made a presentation last week, more than half reported having seen the strategy used in one of their cases. I think that may just be the... Read more at http://www.A2LC.com/blog

When Jon Stewart didn’t do his job—he really made us think 

June 26th, 2015 by The Jury Room
We are going to miss Jon Stewart. Even as we prepare for the return of Stephen Colbert and watch John Oliver on Last Week Tonight—Jon Stewart is the best voice of the satirical news and we will miss him immensely. Mostly, we think what puts him at the head of the class is that his satire is obviously authentic, and an expression of deeply held beliefs and unflagging sincerity. Not what you expect from a satirist, but Jon Stewart is an exceptional person, even setting aside the humor. Last week showed us just how much. Shortly after the Rachel Dolezal story, and Donald Trump’s Presidential ...

Who is the Ideal Juror to Look for During Voir Dire?

June 26th, 2015 by Litigation Insights
Clients frequently ask our consultants, “What type of people do I want on my jury?”  This is often followed by a series of questions such as, “Are men or women better for us?”  or “Do we want older or younger jurors?”  ”Who is the ideal juror for my case?” Identify Your Riskiest Jurors:  Think of [...]The post Who is the Ideal Juror to Look for During Voir Dire? appeared first on Litigation Insights.

Address the Corporate Mind

June 25th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The idea of the corporate personhood is typically thought of as a "legal fiction" (Schane, 1987). That is, we treat a nonperson as a person so that it makes sense legally to talk about corporate entities doing what people would otherwise do: buying and selling, entering contracts, suing and being sued, etcetera. But does that mode of thinking just reflect a legalistic shortcut, or does it actually capture the way we think about corporations and other "group agents" like governments or private organizations? Yale cognitive science and philosophy professor, Joshua ...

Trial Technology and Litigation Support Podcast

June 24th, 2015 by COURT TECHNOLOGY and TRIAL PRESENTATION
“You’re tuned in to the Trial Technology and Litigation Support Podcast. Sit back and enjoy interviews with industry leaders as we discuss everything from new trends to old war stories.”That’s the intro for the new podcast series by Robb Helt and Josh Coller. Although I was a bit hesitant to give it a listen (mostly because I’ve been extremely busy in trial), once I did, I couldn’t get enough. Although I think I still prefer the speed of reading over listening, you could do this in your car, plus you really feel “connected” to the presenters. Previous programs have featured Eri...

The “double devil effect”: Bad behavior & the homely man

June 24th, 2015 by The Jury Room
This is one of those clever studies where you would never guess the real purpose of the experiment. Researchers from Eastern Kentucky University wanted to see if homely men would be punished more for violating social norms than would attractive men. So they chose a black and white photo of a homely man and an attractive man (described only as “white males with brown hair, facial stubble, similar eye shape and wearing white t-shirts”). It always bugs me when researchers do this. They tease that they used a homely man but then they won’t show you the photo so you can check to see if it’s...

How to Get Google Earth Images Admitted for Litigation

June 24th, 2015 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
Many attorneys rely on Google Earth as the primary source for finding visual information for specific locations, all over the world, involved in litigation (see my prior post discussing how to use Google Earth for images and obtaining archival images). However, when finding great images, or determining precise locations based on GPS coordinates, the next question is always: “How do I get this into evidence?” This is not an easy question to answer, yet a recent decision by the Ninth Circuit Court of Appeals helps resolve one issue of admissibility for such imagery: Google ...

Repelling the Reptile Trial Strategy as Defense Counsel – Part 1

June 23rd, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Last week, I spoke at an annual gathering of defense attorneys whose subtitle was “Lawyers and Other Reptiles.” What's going on? Who are these reptiles? It’s an interesting story. This conference was planned as a way to bring together defense attorneys around the nation who want to learn how to turn aside a frequently used set of trial tactics championed by David Ball and Don Keenan in their "Reptile" series of books and webinars. Ball is a... Read more at http://www.A2LC.com/blog

Consider Character

June 22nd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Based on recent events, we are still a long way from Dr. King's dream of a nation where his children "will not be judged by the color of their skin but by the content of their character." The horrific murder of nine worshipers in the Emanuel African Methodist Church in Charleston, South Carolina is not only a test of our character, but a contrast in character. For the shooter's part, we all found out quite a bit on the shooter's character just hours after the attack, thanks to social media. And on Friday, we also saw the character of the victims' family members a...

First world relationship termination problems: Facebook  “creeping” your ex

June 22nd, 2015 by The Jury Room
You’ve likely run across the statistics on Facebook being the cause of many divorces or relationship failures as unhappy individuals reunite with past loves lost. There is also of course, often heartbreak as online loves turn out to be not quite who you thought. Now Facebook is also implicated in prolonging the unhappiness after a relationship breakup with 88% (!) of Facebook users “creeping” ex-partners. Imagine a darkened room, a pint of ice cream, a laptop with a high-speed connection, and you are never far away from seeing what your ex is up to now that you are no longer part of his ...

What are the Critical Juror Attitudes to Know before Jury Selection in Medical Malpractice Litigation?

June 19th, 2015 by Litigation Insights
For many reasons, including tort reform, it is becoming increasingly difficult for plaintiffs to win big in medical malpractice suits. In fact, roughly 75-85% of medical malpractice cases that go to trial result in defense verdicts. This result, as we have seen, may stem from the fact that plaintiff attorneys, who at one time filed [...]The post What are the Critical Juror Attitudes to Know before Jury Selection in Medical Malpractice Litigation? appeared first on Litigation Insights.

 Loyalty, Longevity and Leadership: A Multigenerational Workforce Update

June 19th, 2015 by The Jury Room
We’ve done a lot of literature review on generations and written papers summarized here and published in The Jury Expert. And it’s time for a new paper! Recently, we were asked to do some work on sorting out if (and how) the generations respond differently to fact patterns in litigation, And, as part of preparing for that research, we took a look at research published since we last wrote a literature review on generations at work. The article described here is the result of that pre-project preparation. As we prepared for the mock trial research with mock jurors of varying generations, our...