Aim for the "Credibility Fish" in Your Mock Trial

May 25th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  What's the "credibility fish," you ask? It is the shape in the image above: The graph that is made when measuring the credibility of each of two parties over the course of a simple mock trial. We ask the mock jurors to rate each party's credibility on a scale that ranges from 7 (highest) to 1 (lowest) at each of three phases. After they've heard only from the plaintiff,  a few will have reservations or give the defendant the benefit of the doubt. But most should give strong credibility to the plaintiff and weaker credibility to the defense. Then, after heari...

I want to believe some psychopaths have feelings 

May 25th, 2015 by The Jury Room
Most of us find the behavior of the true psychopath frightening enough that we have few issues with locking them up and throwing away the key. They seem so very different from us and hearing the facts of their behavior is frightening and leaves us feeling unsafe. If you are not afraid of the psychopath, read a few of our posts on psychopathy and watch your mind change. Now that you have accepted the reality that all psychopaths are cold, callous and untreatable, here’s something to ponder. A new study tells us that contrary to popular belief, there are some psychopaths who have feelings and ...

In-House Counsel’s Role In Keeping Litigator Ego In Check

May 22nd, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I've seen litigator ego contribute to the winning of cases and the losing of cases. Unfortunately, however, I've seen more cases lost because of it than won because of it. What do I mean by the ego of a litigator? If you've worked around litigators (or litigation consultants for that matter), you already know what I mean. For anyone else, I'm referring to all those first-chair litigators in trial-related situations who put themselves ahead of... Read more at http://www.A2LC.com/blog

The Dirty Dozen Scale 

May 22nd, 2015 by The Jury Room
This is not a scale to help you determine if your fruits and vegetables are dirty. This is for a different kind of dirt commonly referred to as the dark triad. Psychopathy, narcissism and Machiavellianism make up the dark triad of personality traits and they are traits we all want to identify at different points in time. You might think of the dark triad as ubiquitous in the truly “bad boy” to whom many are drawn (for brief periods). This research scale is short (only 12-items) and it is quickly gaining popularity among researchers for ease of use and accuracy in assessment of the traits. ...

Create Common Ground

May 21st, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When I was still a graduate student, I remember the Reverend Jesse Jackson delivering the 1988 Democratic Convention address in Atlanta: his famous "Common Ground" speech. In that wide-ranging address, he tied together diverse issues -- expansion of the party, the arms race, voting rights, health care, student loans -- and punctuated each with a chorus: common ground. He bound them together using a masterful analogy:  America is not a blanket woven from one thread, one color, one cloth. When I was a child growing up in Greenville, South Carolina and grandmam...

7 Things In-House Misses When Litigation Consultants are Underutilized

May 20th, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting Read more at http://www.A2LC.com/blog

Narcissists and Pronouns: “I”, “me”, “mine” 

May 20th, 2015 by The Jury Room
Conservative commentators like to say Barack Obama is cold and aloof (and narcissistic) because he uses so many personal pronouns in speeches. However, when compared to past Presidents, Obama’s personal pronoun use is actually lower than any President since 1945. It’s an interesting example of how our preexisting beliefs (and political orientation) skew how we hear things and thus form conclusions about others. Those of us who are old enough to remember the Beatles song I Me Mine, might think it an apt description of the narcissist. Narcissists are characterized by an unrealistic sense of ...

The Effectiveness of the “Referendum” Strategy for Plaintiffs

May 19th, 2015 by Sound Jury Blog
Share this with: By Thomas M. O’Toole, Ph.D. Plaintiffs’ attorneys approach case development and presentation in a multitude of both predictable and unpredictable ways, but none is more dangerous to defendants than what I call the “referendum” strategy. In short, the “referendum” strategy is a clever strategy that, when successful, allows plaintiffs to sidestep their burden of proof under the law and instead, create what is essentially a reverse burden of proof for the defense. It shifts the focus of the case to the defense and forces defendants to cope with a barrage of seemingly...

Improve Delivery By Perfecting Your ‘TED Moves’

May 18th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The TED phenomenon is very interesting to me. The niche involves hosting 20-minute talks by innovative individuals, some famous some not, in order to share "ideas worth spreading" on technology, entertainment, and design -- very broadly defined, those three areas form the acronym for TED. The idea that in today's day and age, someone standing on stage giving a speech could be attention grabbing is a little refreshing to me. In fact, secretly (or not so secretly, I guess, since I am writing it in my blog), I would love to give one myself someday ("T...

10 AmLaw 100 Firms That Love to Learn

May 18th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting There is a lot to learn from data, and these days data is everywhere. For better or worse, data can be available for everything from the number of steps you walked today to how long you took to read a particular Web page. I recently took the time to assess how the AmLaw 100 law firms were interacting with our site, particularly with the articles on this blog. Some law firms are very active, and some hardly visit at all — and I... Read more at http://www.A2LC.com/blog

Does the Millennial know that tattoo might be a business  faux pas?

May 18th, 2015 by The Jury Room
We’ve written a lot about tattoos here and this writeup is going to be a little different from most of our posts. Rather than spending time on the research findings, we want to cite some of the more unusual and surprising findings the author reviews as a prelude to her results. So, to be brief, the researcher found that Millennials are growing up and yes, they do know tattoos may be frowned upon in some parts of the business world. Further, many of them say that they will consider how able they will be to conceal a new tattoo in business attire as they approach the job market. That isn’t t...

Part I – The 7 Keys To Effective Litigation Timelines

May 15th, 2015 by Litigation Insights
In a previous post, we covered the basics of timelines: their uses, anatomy and a number of possible types. But because great timelines are so beneficial to so many cases, we thought we’d delve a bit deeper. In this subsequent two-part discussion we’ll highlight the seven key timeline elements that will maximize its effectiveness, and [...]The post Part I – The 7 Keys To Effective Litigation Timelines appeared first on Litigation Insights.

Black victims of violent crimes aren’t treated any better by the system than Black defendants …

May 15th, 2015 by The Jury Room
In December of last year, we wrote about investigative case files in Shreveport, Louisiana. One of the findings in the analysis of those investigative files was this: Overall, say the researchers, cases with White female victims resulted in the highest number of case file pages (i.e., the most investigative work) and the most severe sentences. In contrast, Black male homicide victims received the least investigative attention and the least severe sentences. Now, data from the Capital Jury Project has been used to see whether there was a “White female victim effect”. The “female victim ef...

“We’ve Been Everywhere, Man,” and We Always Pack a Sound Approach to Jury Selection

May 14th, 2015 by Tsongas Litigation Consulting, Inc.
We feel like Johnny Cash: “Across the deserts bare, man, / I’ve breathed the mountain air, man; / Of travel I’ve had my share, man, / I’ve been everywhere…” More appropriately for us, the song should sing, “We’ve been everywhere,” and should include references to the place like Texas, New York, Kansas City, Alaska, Los Angeles, Seattle, and Chicago, to name just a few. The frequent flier miles are piling up, and we have started a tradition of taking pictures of each courthouse across the country we visit. But regardless of the venue, the particulars of the jur...

Improve Adaptation by Expanding Your Social Network

May 14th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  With Americans increasingly getting their news online via Facebook and similar platforms, our already divided society is at risk of becoming even more polarized. Some of the blame for that has centered on the computerized algorithms that influence what appears in our online newsfeeds, and have a parallel in the rules that customize our Google searches as well. The so-called "filter bubble" means that liberals are likely to disproportionately receive liberally-slanted information and conservatives are likely to disproportionately receive conservatively-slanted info...

Simple Jury Persuasion: “I will give you this car for  $9,000.”

May 13th, 2015 by The Jury Room
We are always on the lookout for subtle but effective ways to persuade and here’s a new one. You are going to get more of what you want in any sort of negotiation if you use a very simple language style change. Instead of focusing on what the buyer stands to lose (in this case, $9,000), help them focus on what they will gain (your fabulous car). If you are the seller, instead of saying, “I would like $9,000 for the car”, you say, “I will give you this car for $9,000”. That simple change in language focus makes a huge difference to the buyer according to today’s research, and result...

MUSE ME – A Play About Artistic Inspiration

May 12th, 2015 by Legal Stage
Katherine James:   My sister, Laura Ellen James, lived and died on February 5, 1955. She would have been 60 years old this year. For a year I thought to myself, “I would love to honor her birthday in some way in 2015 – give her some kind of birthday bash. After all, I would have given her a big party if she and I had spent those 60 years together.” Of course I told no one. There was really no one to tell. My mother, who is 89 years young, was in a coma that sad day in 1955. She and Laura Ellen were both victims of pre-eclampsia. She survived. My father, who was the only person other...

The Top 10 Litigation Articles From the Start of 2015

May 12th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting We publish a lot of articles on this blog here at A2L Consulting. Sometimes we publish so many that it’s not easy to decide which ones to read first. That's why once a quarter we do a mini-retrospective of the best articles based on what our readers choose to look at. Our theory is that the more people that read an article, the more compelling and the better it is. All these articles relate in some way to persuasion: Why expensive-looking... Read more at http://www.A2LC.com/blog

Make the Right Kind of Eye Contact

May 11th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The Minnesota State Senate, I learned from a recent NPR story, prohibits eye contact.  Incredibly, the legislative body has a rule stating that all comments must be addressed to the Senate President, and that rule is interpreted to mean that senators cannot look their fellow senators in the eye while speaking. The reason for this bit of absurdity is, apparently, that the lawmakers believe direct eye contact leads to hostility and a loss of decorum. According to former majority leader, Senator Tom Bakk, "Going through the president forces people to listen rat...

Is this a new treatment for adult criminal psychopaths? 

May 11th, 2015 by The Jury Room
Criminal psychopaths are a common topic we write about here. They are notoriously difficult to treat, but are so disturbing they make for fascinating study (and hopefully reading). Some say they are not treatable. They are highly likely to reoffend after incarceration and prison is neither a deterrent nor a punishment for many of them. So to see a research article on an actual treatment for the adult psychopath is noteworthy. These researchers recruited 14 criminal psychopaths with long and very violent histories who were serving long-term sentences in forensic psychiatric institutions with hi...

The distraction effect: “No, no, not your left side, the patient’s left  side…”

May 8th, 2015 by The Jury Room
I grew up in a family where multiple siblings got confused about which way was right and which way was left. When I began to drive, I would make a capital R in the air with my right index finger to be sure I was turning the right way. Unbeknownst to me, my siblings had developed similar coping mechanisms. Back in the early 2000s we began to see pictures of people writing on their non-surgical side in black magic marker (“not this leg!”) to avoid medical mistakes. And I remember wondering how any surgeon could make that sort of error. Well. It comes from right-left confusion and the many di...

The Problem with Stereotyping When It Comes to Jury Selection

May 8th, 2015 by Litigation Insights
It is very common in mock trials and deliberation groups, as well as many jury selections, to hear someone make the following, or similar, comment, “Well, we certainly don’t want any teachers (or nurses, or social workers, or ‘[you fill in the blank]’) on our panel!” In particular, individuals in many of the “helping” professions [...]The post The Problem with Stereotyping When It Comes to Jury Selection appeared first on Litigation Insights.

The Favorites of the First 500

May 7th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When you keep a blog up-to-date through 500 posts, it's inevitable that your peers are going to ask you about it. When I'm asked, by attorneys or by fellow consultants, about the wisdom or the practicality of running an original content-oriented blog, I have a simple answer: Don't do it...unless you truly love writing and truly love your subject. Sure it provides good branding, leads to good discussions, and sometimes even generates business. But just as often, the response is unknown. If it were not for the intrinsic satisfaction of having written posts that I co...

When to use humor in the courtroom 

May 6th, 2015 by The Jury Room
A few weeks ago, headlines proclaimed that Justin Bieber was going to be the target of a comedy roast. Then, after the roast, all anyone could talk about was Martha Stewart and her bawdy contribution. Some people enjoy comedy roasts. Shortly after the Bieber roast, Max Ufberg at Pacific Standard wrote about both the danger and the allure of comedy roasts. Ufberg says “deprecating humor is satisfying because it helps people feel superior”. In other words, when you put someone down with a demeaning comment or a joke at their expense, you feel better by comparison. Ufberg goes on to describe ...

How to Apply Cialdini’s 6 Principles of Persuasion in the Courtroom (Part 2)

May 4th, 2015 by The Litigation Consulting Report
  by Alex Brown Director of Operations A2L Consulting Commitment (and Consistency) (see Part 1 about reciprocity here) In 1971, Charles Kiesler wrote a book called The Psychology of Commitment. In it he describes various experiments designed to understand human motivations. Kiesler referred to one of his experimental results as “the boomerang effect.”  The idea is that if a person has committed to something and is then attacked for his position, he or she is likely to increase... Read more at http://www.A2LC.com/blog

Know Your Questioner’s Purpose

May 4th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The Supreme Court recently heard oral arguments on the question of marriage equality, and specifically whether state bans on same sex marriage are unconstitutional, and whether marriages that are legal in one state need to be recognized in another.  As is typical, the focus is on Justice Kennedy as the traditional swing vote, and true to form, Justice Kennedy gave both sides something to ponder. For marriage equality opponents there was, "This definition [of marriage as between a man and a woman] has been with us for millennia. And it's very difficult fo...

Will a superhero pose increase your testosterone and cortisol?  

May 4th, 2015 by The Jury Room
We’ve written about power poses before and the work being done by Amy Cuddy and her colleagues on how they increase both self-confidence and hormones like testosterone and cortisol. The research has become so widely known it was even featured on the Grey’s Anatomy television show recently with two surgeons striking a superhero pose prior to a demanding surgery. But new research says those findings are simply not true. At least part of the findings are not true. Researchers in Europe had 200 subjects (98 women and 102 men) provide saliva samples, then do three-minute power poses and then gi...

12 Reasons Litigation Graphics are More Complicated Than You Think

May 1st, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting   If the creation of litigation graphics were as simple as some people make it out to be, you would never need a litigation graphics consultant. Yet litigation graphics consultants of varying skill levels are everywhere these days. Clearly, there is a need for them. But why? What value do litigation graphics consultants add? It’s a fair question, and here are 12 good answers.   1. Contrary to what some think, litigation graphics are more than... Read more at http://www.A2LC.com/blog

“Exploding head syndrome”: Yes, it’s really a thing 

May 1st, 2015 by The Jury Room
I do not recall ever having heard of this sleep disorder before but apparently it is much more common than previously thought. At least by me, since to me it sounded like a”Jackass” stunt. This is an actual sleep disorder in which you are suddenly awakened by a loud sound akin to an explosion but there is no external noise in your environment. It is literally like an explosion in your head. Here’s what the Daily Mail had to say about what exploding head syndrome is: It’s estimated between 10 and 20 per cent of people have experienced this bizarre condition, in which a person is wok...

Be Measured in Your Use of Emotions

April 30th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Opening statements began this week in the trial of James Holmes, the acknowledged gunman in the 2012 shooting during a midnight screening of The Dark Knight Rises in Aurora, Colorado. The tragedy sent ripples throughout the nation, and on the heels of a jury selection that was unprecedented in its scope, District Attorney George Brauchler stepped to the lectern on Monday to open the case against Holmes. As I watched via live streaming video, I felt that he was doing a masterful job of telling the story in an organized and factual way, while using -- but not ...

Comparing Judges Versus Jurors: Do They Decide Cases Differently?

April 30th, 2015 by Litigation Insights
The vast majority of civil disputes are resolved before (or during) trial. These outcomes are always influenced by the trial judge’s structuring of the dispute – e.g., Daubert hearings, responses to SJM motions, Markman hearings, etc. Dispute structuring requires trial judges to exercise a great deal of fact-finding discretion regarding the credibility of witnesses, reliability [...]The post Comparing Judges Versus Jurors: Do They Decide Cases Differently? appeared first on Litigation Insights.

NEW & FREE 219-Page Opening Statements Toolkit E-Book

April 29th, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting I'm absolutely thrilled to announce the release of A2L Consulting's latest free litigation e-book, The Opening Statement Toolkit. You may download this book with no strings attached right now by clicking here.   In this 219-page book, you will find 66 articles curated from A2L's massive collection of posts related to litigation and persuasion. Each article relates to opening statements in some way. From organizing the opening to the... Read more at http://www.A2LC.com/blog

More than half of your potential jurors have  smartphones now

April 29th, 2015 by The Jury Room
Just when you thought you could relax a little about jurors accessing the internet during a jury trial, we learn this factoid from the smart folks at Pew Research Center: “64% of American adults now own a smart phone of some kind, up from 35% in the spring of 2011. Smartphone ownership is especially high among younger Americans, as well as those with relatively high income and education levels.” Yes. Smartphone ownership has almost doubled in the past four years. While a smart phone is now more likely than not, for some Americans, the smart phone is almost the only way they can access the ...

Does Your Jury Trial Need a Haircut?

April 27th, 2015 by The Winning Litigator
Remember when you got your first haircut? You probably didn’t want to do it.  Someone likely made you.  You resisted it, because it was a new experience.  It felt dangerous and scary. But in the end, you looked amazing (don’t be modest, now, you know you looked amazing)! When it comes to trial practice, litigators... Continue Reading The post Does Your Jury Trial Need a Haircut? appeared first on The Winning Litigator.

Account for Technophilia

April 27th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  We are used to hearing about "technophobia," or a fear of new, confusing, powerful and scary gadgets. In modern times, however, it's opposite -- technophilia -- is likely to play a stronger role. Take the current launch of the Apple Watch. While it is likely to generate at least some criticism and disappointments, it will, by all indications, succeed in the market anyway. After all, that is what we expect new technology to do: to be adopted and to make life easier and better over time. We expect our next computer to be thinner, faster, and prettier than our last ...

Are Millennials unaware of  current events?

April 27th, 2015 by The Jury Room
The popular perception is that Millennials are passive and uninterested in civic issues and that they do not pay attention to traditional “news” since they are glued to their smartphones. According to a very recent survey, these beliefs, like many stereotypes, are simply wrong. The Media Insight Project recently published a survey of 1,046 adults aged 18-34 years (did you realize some Millennials were that old?). The findings show that Millennials actually keep up with traditional “news” stories as well as stories connecting them to friends, hobbies, culture and entertainment. The auth...

“I know I shouldn’t text from the toilet,  but….”

April 24th, 2015 by The Jury Room
People take selfies at funerals and text during sex. Others text while in the shower or while using the toilet (which apparently is not just for newspapers and books any longer). And wherever there are social faux pas’ you can bet academic researchers are not far behind. In fact, today we have research on just when young adults think texting is unacceptable behavior (but do it anyway). The research question may strike you as odd: “Is texting while in the shower, or during sex, or while going to the bathroom the new normal?” but on such odd questions, professorial tenure is granted. Parti...

Jurors Want to See Your Inner Explorer

April 23rd, 2015 by The Winning Litigator
You’ve heard it before:  “As a trial attorney, you should be a Guide to the jury, mapping out a path to the evidence and showing the jury how it can find in favor of your client.” But, is being a good “Guide” enough to get you to the finish line with the verdict you want?... Continue Reading The post Jurors Want to See Your Inner Explorer appeared first on The Winning Litigator.

Political Campaigns: Informing Your Trial Strategy Do’s and Don’ts

April 23rd, 2015 by Tsongas Litigation Consulting, Inc.
The presidential political season is upon us! Yay? While one part of me would like to take an extended vacation where there are no TV’s so I can skip the entire thing, another part of me is looking forward to the debates, speeches, and the inevitable gaffes (although I do feel a little badly that I’m looking forward to those). Political campaigns offer a plethora of teachings about effective and ineffective trial communication. Campaign slogans, candidate responses, and the overall messaging provide valuable insights into the need for 1) a simple, persuasive, and motivating case theory –...

Know Your Judge…Through Analytics, Not Anecdotes

April 23rd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  So you're slated for trial before a judge who is new to you. Naturally, you do your due diligence and try to find out all you can on what makes this judge tick. The result? A few broad comments and stories in response to an all-firm email. If you're lucky, you find someone who clerked for the judge. Maybe you use Lexis and Westlaw to pull up recent relevant decisions and review a few of those decisions directly. The understanding you get is partial, based only on a small sample of what that judge has done. Now, imagine you have the ability to see, on one scr...

5 Ways to Maximize Persuasion During Opening Statements – Part 4

April 22nd, 2015 by The Litigation Consulting Report
  by Ryan H. Flax, Esq. Managing Director, Litigation Consulting A2L Consulting We have discussed four important tips for maximizing persuasion during your opening statement (See parts 1, 2, and 3). The last tip is the use of demonstrative evidence in connection with the statement. You need to be aware that most people, other than lawyers, are visual preference learners. Most lawyers, in contrast, are auditory or kinesthetic preference learners.1 Most people teach the same... Read more at http://www.A2LC.com/blog

Lumbersexuals with tattoos: Are they new and improved? 

April 22nd, 2015 by The Jury Room
Recently we blogged about an emerging demographic subgroup: the lumbersexual. After reading the flurry of mainstream media articles about this group, here is how we described them: “As far as we can tell, the lumbersexual is an urban male (typically White and heterosexual) who dresses like a lumberjack even though he is far from a lumberjack. While it is a recognizable fashion statement, there are (as yet) no attitudes, values and beliefs attributed to the lumbersexual. While there is a sense that these are men trying to look “like real men” according to a hyper masculine definition—th...

[Survey] What Webinar Topic Would You Like Us to Cover Next?

April 21st, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting A2L Consulting offered its first free litigation webinar just 18 months ago. Since then we've conducted six litigation focused webinars, all free, including: Storytelling for Litigators, Patent Litigation Graphics for Litigators, Making Expert Evidence Persuasive, Persuasion & Opening Statements, Using PowerPoint Litigation Graphics and What Mock Jurors Always Say. These webinars may be viewed on our site anytime, and they... Read more at http://www.A2LC.com/blog

5 Ways to Maximize Persuasion During Opening Statements – Part 3

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

Bottom Line Your Deposition Advice: Four Rules

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

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

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

Getting Bigger and Better Damages

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

Appeal to the ‘Us’ in Your Audience

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

5 Ways to Maximize Persuasion During Opening Statements – Part 2

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

5 Myths About Your Jury Panel

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