Project Your Voice

April 18th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: It is one of the central messages of witness preparation: Be confident, because if you’re confident, you’ll be more credible. Once, I got the reply from a witness, “But I don’t feel confident,” and the question, “Should I act confident even if I don’t feel it?” The short answer, “Yes.” The longer answer is, “Let’s work on the reasons you aren’t feeling confident, but at the same time, let’s focus on the behaviors that convey confidence.” That’s the right approach because the behaviors matter independently. In one study, researchers from the University of Utah, Notre Dame, and Berkeley (Tenney

Trials and Photography

April 18th, 2019|2's Company - Magnus Insights|

I was writing a report recently and recommended that a client “focus” the jurors’ attention on a certain point. Given my 40+ years of photographic experience, I decided to test myself with this post to see if I can come up with analogies and metaphors between photography and litigation/trials. Focus is the starting point because it is important for attorneys to direct the audience (jurors, judge, opposing counsel) to see your focal point and shed some light on the subject. All of these are descriptions valid for photography, as well as litigation and/or trials. Further, sometimes during a trial, the

A Useful Directory of Federal Courtroom Technology

April 16th, 2019|The Litigation Consulting Report (A2L Consulting)|

At A2L Consulting, we have been providing trial technicians (also known as hot-seat operators) to help our clients display materials at trial since the 1990s. The role of a trial technician is a unique one. These men and women routinely work late nights during a trial to ensure that they are totally prepared for whatever can arise. As we have said elsewhere on this blog, the ideal hot-seat operator must have a very close working relationship with the lead trial attorney and with the other team members, must have a calm demeanor in case he or she is called upon

Feed the mock jurors

April 16th, 2019|2's Company - Magnus Insights|

Conducting mock jury research, or other research involving human participants, involves many things unrelated to collecting data. Food and drinks are an important part of the work we do on behalf of our clients. Not only do we compensate our research participants for their time and effort in attending our mock juries and focus groups, we provide food and drinks to them. They spend many hours working with us on our cases and it would be both thoughtless and improper to mistreat them by withholding food and drinks from them. Some of Magnus’ clients have not understood the consequences of

Don’t Choose Between Facts and Stories

April 15th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation consultant with the LA firm Mattson & Sherrod. The author seems to come down firmly on the “Tell a story” side of that question. While appropriately acknowledging the importance of facts, he argues that jurors will serve as their own storytellers and will resist or recast the facts based on the narrative frame they adapt. That’s

Normalize Your Damages: Five Ways

April 11th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: When civil litigation is being discussed by those outside the courtroom and outside the legal field, what stands out is often the perception, at least, of very high damages. The high-dollar figure being awarded, based on a questionable claim, is the poster child for the abuses of litigation. But for some reason, inside the courtroom and specifically inside the jury room, juries are often able to get to those high numbers – numbers that some of those same individuals would have scoffed at had they heard about it in the news instead of having been part