Will your genetic defense for that violent crime backfire? 

November 25th, 2015 by The Jury Room
The growing body of research on genetic variations and their relation to crime may leave you uncertain about how to best defend your client charged with a violent crime. Do you encourage jurors to support an insanity defense by using a genetic defense or does that route backfire and leave jurors seeing your client as “different, dangerous, and likely to reoffend”? New research says it isn’t all straightforward and jurors may hear your defense in a way that biases them against your client. Researchers in Canada conducted three experiments with a total of more than 600 participants to exam...

Litigation Insights: Giving Thanks and Giving Back

November 24th, 2015 by Litigation Insights
As the holidays approach us, employees at Litigation Insights take time to remember all that we are thankful for, and all the ways we can support, and give back to our community.  As a team, we have worked together to volunteer and donate to many wonderful, local organizations that benefit Kansas City.   In this [...]The post Litigation Insights: Giving Thanks and Giving Back appeared first on Litigation Insights.

Use Moral Framing as an Argument Strategy

November 23rd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  This past week, the nation has been locked in yet another moral argument that breaks along political lines: In the wake of the terrorist attacks in Paris, should the U.S. accept Syrian refugees or not? Both sides are grounding their stances in moral argument, but those arguments diverge. One side emphasizes the need to care for those in need and to be fair in avoiding the assumptions of collective guilt. The other side emphasizes the need for protection and a preference for the safety of our own group, which in this case is...

Guilt-proneness and the ability to recognize the emotions of  others

November 23rd, 2015 by The Jury Room
Three years ago we wrote about the goodness of fit for the guilt-prone with the presiding juror position. Counter-intuitive as it may seem, there were a number of reasons supporting them in that role. And today, new research gives us another reason the guilt-prone may be more skilled at leadership—they are more able to identify emotions of others. The Australian researchers wanted to see how guilt-prone and shame-prone people differed in their abilities to correctly identify the emotion experienced by others. They begin by defining the difference between guilt and shame. “…a key differen...

Why do people prefer food in sexist packaging? 

November 20th, 2015 by The Jury Room
According to a new study in the journal Social Psychology, it’s because we are willing to pay more for less healthy food in macho packaging or healthier food in pretty feminine packaging. You may protest at being stereotyped in this way but, apparently it works (or food package designers wouldn’t do it) because it’s just easier for us to process cognitively. The researchers say the packaging reflects our beliefs about gender and food preferences: women prefer to eat more healthfully than men. Evidently, men can’t be bothered with health and nutrition. They explored these beliefs in thr...

Developing a Reliable Mock Trial: Critical Factors You Must Consider

November 20th, 2015 by Litigation Insights
It is easy to put on a mock trial.  But what isn’t as easy is paying attention to, and properly implementing, the many factors that could skew the mock trial feedback you paid a lot of money to obtain.  There is nothing worse than conducting a mock trial and have unbalanced presentations or unevenly matched [...]The post Developing a Reliable Mock Trial: Critical Factors You Must Consider appeared first on Litigation Insights.


November 19th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When it comes to witness testimony, "rehearsal" is a dirty word. The term connotes that the witness is learning testimony by rote and has been spoon-fed by their attorneys. Liars rehearse their stories, the perception goes, while honest witnesses simply tell the truth.  When it comes to attorney preparation,"rehearsal" is often a luxury that busy lawyers don't have time for. Yes, it would be better if the oral argument, the opening statement, or the closing argument benefitted from a sustained rehearsal, but there are often a thousand things that need to be ...

The Motivation to Express Prejudice Scale 

November 18th, 2015 by The Jury Room
We hear a lot more these days about covert or “modern prejudice” than we do about plain old overt prejudice. So it’s a little surprising to see this measure but it makes sense. There are some people who do want to express prejudice and here is a scale you can use to measure their wishes to behave prejudicially. The researchers conducted 7 separate studies with more than 6,000 participants and were able to design a measure that is reliable for scale versions targeted at Black people and gay men. Here is some of what the researchers report: The motivation to express prejudice is an indepen...

Dan Pink, Pixar, and Storytelling for the Courtroom

November 17th, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting We talk a lot about storytelling in our A2L blog articles. Our books, webinars, and articles that are focused on storytelling -- like Storytelling for Litigators 3rd Ed., Storytelling as a Persuasion Tool, and 5 Elements of Storytelling and Persuasion -- are among our most popular. We believe that effective storytelling is central to winning cases, and we've talked about the kind of results you can get when storytelling is used well... Read more at http://www.A2LC.com/blog

Fix Your Forecasts

November 16th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  According to the weather forecast, a pretty sizeable storm is headed to Denver. When this blog post goes to press, downtown Denver could be heading toward two feet of snow…or perhaps three inches, or nothing. Weather forecasts have a range of uncertainty. They've gotten better, and are no longer the butt of jokes like they used to be, but there are still some unknowns causing weather forecasts to be based on probabilities, not certainties. Litigation forecasts are similar. But when assessing the chances of winning in trial and the range of likely damages, lawye...

Will concealed weapons make the United States safer? 

November 16th, 2015 by The Jury Room
Recently we conducted a focus group where two participants likely had concealed handguns in their possession during the group. Both were older—one male and one female mock juror, and neither did a single thing that was inappropriate during the project (which happened to involve a shooting). We discovered their concealed carry status when reviewing final questionnaires after the group was complete and observed how unexpected we found concealed carry permits on those particular two mock jurors. There was nothing we saw or could discern to make these two jurors any more or less likely to be car...

Don’t Tell Me To Relax: How Anger and Gender Influence Persuasion

November 16th, 2015 by The Sound Jury Library
By Jill D. Schmid, Ph.D. If you’re a woman, there’s probably been at least one time in your life when someone (my money says it was a man) has told you that you “need to relax.” I’ve been told this a few times and, each time, the person pretty quickly realized it wasn’t the smartest move. Recalling these events, two thoughts come to mind: 1) I can honestly report that I wasn’t out of control, yelling, or being irrational. Instead, I was simply strongly asserting an argument about an issue – usually something political. And, 2) I’ve never witnessed or participated in a “h...

What are the Best Types of Clothes for Lawyers to Wear in the Courtroom?

November 13th, 2015 by Litigation Insights
Everyone wants to look their best when standing before a group of people, and lawyers are no exception. At trial, counsel is going to be getting up before the same group of people (the judge and jury) day after day and, understandably, wants to make a good impression. And effective impression management is important as [...]The post What are the Best Types of Clothes for Lawyers to Wear in the Courtroom? appeared first on Litigation Insights.

More Than a Feelin’: Using Small Group Research to Inform Settlement Decisions in Civil Lawsuits

November 13th, 2015 by Tsongas Litigation Consulting, Inc.
We are excited to share with you the recent publication of Alexis Knutson, M.A., Tsongas Research Associate, with Natalie Gordon and Edie Greene, Ph.D. of University of Colorado, Colorado Springs in the Georgia State University Law Review. The article describes common forecasting errors that attorneys often fall prey to when making settlement decisions. It recommends the use of small group research, such as mock trials, focus groups, and shadow juries, as a way to combat the uncertainty and complexity associated with settlement. It’s an interesting read and a great compilation of years o...

Things You Want to Know: Stereotypes, biases,  defensiveness, and when work strikes awfully close to home

November 13th, 2015 by The Jury Room
This is a conglomeration of articles we thought were interesting and useful but chose not to devote an entire post describing them. Think of this as a series of articles that might pique your interest and make you want to learn more. We’ll provide links so it’s easy to learn more. Christians and Science: A new stereotype threat? You’ve probably heard about how women reminded of how men perform better in math do more poorly on math tests than those not reminded. Or about how African-Americans perform more poorly on standardized tests when reminded they tend to do so. Studies like these ha...

Treat Memory as Reconstruction

November 12th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When you're a campaign front-runner, you can expect a little extra attention, and Republican presidential candidate Ben Carson is now finding that out. The controversy is based on claims that he received and turned down a scholarship offer from the U.S. Military Academy at West Point. Following some journalistic digging and subsequent clarification by the Carson campaign, it appears that Carson didn't apply or receive any kind of formal offer from the academy. In his defense, the candidate has emphasized that he is remembering events from fifty years ago, and the...

Do you make choices as to whom you  leave waiting in the crosswalk? 

November 11th, 2015 by The Jury Room
Apparently yes, at least according to today’s researchers. And you likely will be somewhat taken aback by just which group you choose to make wait. Researchers wanted to study whether the pedestrian’s race had anything to do with yielding behavior of motorists at crosswalks. They tested with 173 motorists and 6 trained male pedestrian-confederates (3 Black and 3 White) in Portland, Oregon. The confederate pedestrians were all about the same age, were trained to walk in the same way/speed, were dressed identically and each was easily racially identifiable. The crossings were done across thr...

Lawyer Delivers Excellent PowerPoint Presentation

November 10th, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting The title of this article shouldn't sound like a breaking news headline, but let's be honest, it does. Most PowerPoint presentations are bullet-point-riddled text-heavy electronic projections of a speaker's notes. Most lawyer-delivered PowerPoint presentations are the same — just with even more text and smaller fonts. As a result, a significant majority of speakers (and lawyers) using PowerPoint presentations are hard to understand and dramatically... Read more at http://www.A2LC.com/blog

Don’t Equate Religiosity and Morality

November 9th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  As the potential jurors file into the courtroom, religious signs are often evident: crosses, headscarves, yarmulkes, T-shirts, religious books. Even without those explicit advertisements, religious views can often be inferred based on demographics, demeanor, or the venue's statistics. Those religious beliefs can become an overt issue in voir dire in capital cases where members of the venire can count on being asked about their faith's view on the death penalty. Religious views can also matter when churches or other faith-based organizations are parties, or when b...

The Generic Conspiracist Beliefs Scale 

November 9th, 2015 by The Jury Room
You likely know we love a good conspiracy theorist here. For entertainment value it adds a lot to an otherwise dull story. In fact, one of our favorite blog-moments was when a conspiracy theorist left a raging comment for us regarding a post that questioned the existence of Big Foot. We’ve posted a few scales in the past on measuring conspiracy beliefs but this one is different. It’s a “generic” conspiracy scale which doesn’t question the participant about who shot JFK or whether the Denver International Airport is literally hell on earth—but rather asks them to rate their level of...

Do Americans think religion and science are in  conflict?

November 6th, 2015 by The Jury Room
You may well answer that it depends on which Americans and you would be correct. The Pew Research Center for Religion and Public Life has just published results of a survey on just which of us see religion and science as being in conflict and the results, while not that surprising, are intriguing. In short, here is how Pew summarizes the survey: A majority of the public says science and religion often conflict, with nearly six-in-ten adults (59%) expressing this view in newly released findings from a Pew Research Center survey. The share of the public saying science and religion are often in c...

Understanding Jurors’ Healthcare Attitudes When Preparing for Trial

November 6th, 2015 by Litigation Insights
Litigation in the healthcare industry is growing, not only in the number of cases, but in its scope, frequency and stakes. Interestingly, many of the same types of healthcare cases have existed for decades. What has changed most is the scale – namely, increasing class-action certifications – which has caused settlement costs to skyrocket for [...]The post Understanding Jurors’ Healthcare Attitudes When Preparing for Trial appeared first on Litigation Insights.

Five top quality ways to visually capture a scene for litigation

November 5th, 2015 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
For those of you interested in more information on the use of drones and laser scans for capturing scenes, I recommend you check out my recent article in Plaintiff Magazine, which can be found here.  

How We Judge People Is Shaped Mostly By Who We THINK They Are

November 5th, 2015 by The Litigation Consulting Report
by Ryan H. Flax Managing Director, Litigation Consulting & General Counsel A2L Consulting It’s always interesting to me how humans view and judge each other. We all do it almost all of the time, in every interaction with other people. We even do it when we don’t even interact with others, for example, while driving or watching TV. We develop little dramas and characters in our minds to make sense of the world around us and its characters. This is particularly important in my profession,... Read more at http://www.A2LC.com/blog

Fight for Your Strikes

November 5th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The ability to remove a potential juror from your jury without giving a reason is precious...to trial attorneys and their consultants. To the extent the rest of the public is aware of peremptory strikes, however, they're less likely to support them. At first blush, after all, the ability to prevent someone from serving their constitutional role without saying why seems arbitrary at best, and a gateway to racial or other biases at worst. Even among those in more knowledgeable circles, the peremptory challenge seems to be losing support. At the Civil Jury Proj...

Simple Jury Persuasion: ‘Black’-sounding name makes  people think bigger and more dangerous

November 4th, 2015 by The Jury Room
Who’s scarier? Connor or Jamal? Or consider these names and think of who’s scarier: Wyatt or DeShawn? Raven-Symone recently got into trouble on the television show The View for saying she would not hire someone with a “ghetto name” (“I’m not about to hire you if your name is Watermelondrea”). We blogged about this issue back in 2013 and Raven-Symone is certainly not alone in her assessment (at least based on that research from 2008). Things have probably changed by now though. Or not, according to today’s research. The researchers completed a series of studies (with partici...

Do Professionally Designed PowerPoint Slides Get Better Results?

November 3rd, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting In my last post, 7 Bad Habits of Law Firm Litigators, I wrote about the problems caused by litigators who, even when they have an adequate budget, design their own PowerPoint slides for trial. I've seen this result in: demonstrative evidence being excluded for using inappropriate tactics; demonstrative evidence being used for outright misconduct; opportunities being missed to use persuasion tricks of the trade; lawyers getting stuck... Read more at http://www.A2LC.com/blog

Beware of Angry Men (But Angry Women, Not So Much)

November 2nd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Everyone has known one: A colleague or an adversary who uses anger as a communication strategy. Through aggressive words, shouting, or other group dominance behaviors, that person is able to get some (sometimes grudging) compliance from the rest of the group. And, more likely than not, that person is male. Of course, the powerful and angry communicator could be a woman, but it seems much more common for women in positions of power to look for ways to soften their style. Instead of shouting and fist-pounding, they find other ways, and the recently disclosed emails...

Here’s why that movie wasn’t called ’12 Angry Women’ 

November 2nd, 2015 by The Jury Room
Well, okay—part of why it was not called ’12 Angry Women’ is because at the time the movie was made (1957), in most venues women were not permitted to serve on juries. But the research we’re featuring today says that even while on jury duty, it’s hard to be a woman. Today’s researchers had 210 undergraduates (65% female; average age 19 years; 31% Asian, 28% Hispanic, 27% White 8% African-American, 6% Other) read and view a 17 minute computerized presentation based on a real case where a man was charged with murdering his spouse by slitting her throat (R. v. Valevski, 2000). The def...

Fracking and pregnancy issues (prematurity and high risk pregnancies) 

October 30th, 2015 by The Jury Room
Risks associated with fracking have been inconsistently documented with the EPA concluding in June 2015 that fracking does not always harm water supplies. “We did not find evidence that these mechanisms have led to widespread, systemic impacts on drinking water resources in the United States. Of the potential mechanisms identified in this report, we found specific instances where one or more mechanisms led to impacts on drinking water resources, including contamination of drinking water wells. The number of identified cases, however, was small compared to the number of hydraulically fracture...

Adapt to Your Metaphorically-Minded Juror

October 29th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I've been accused before of being in love with metaphors. From my debating days in school to my current authorship of this blog, I often find myself thinking, interpreting, explaining, and arguing through the use of parallel situations and analogies. It's my bread and butter, you could say (sorry, couldn't resist). Given that much of the social science research that I review in Persuasive Litigator is not written directly for a trial advocacy context, the act of understanding and applying the information to what a litigator finds useful is itself a meta...

7 Bad Habits of Law Firm Litigators

October 28th, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting In our role as trial consultants, we frequently work with some of the top law firm litigators in the nation, as well as with in-house counsel for some of the nation’s major companies. Ideally, we form a cohesive team that works seamlessly to provide outstanding trial representation and to win cases. Occasionally, we find that law firm litigators are engaging in bad habits that can increase inefficiency, cost the client money, and decrease the chances... Read more at http://www.A2LC.com/blog

Simple Jury Persuasion: The “feelings-as-information” theory 

October 28th, 2015 by The Jury Room
You know this theory from painful and frustrating first-hand experiences. You present evidence and the jury ‘hears’ something else and bases their decisions on what they believe you said (or meant) rather than on the evidence as presented. While you (and we) know this happens over and over again, this week we finally ran across what it is actually called—the “feelings as information” theory. Essentially, what this theory says is that feelings are often accepted as though they, in and of themselves, constituted information (aka facts). While this theory describes what we see over and ...

Mock Trials Reveal Jurors’ Uncommon Wisdoms

October 27th, 2015 by Tsongas Litigation Consulting, Inc.
Mock trials have many benefits. Attorneys hire jury consultants to conduct mock trials to learn (or confirm), among other things, the strengths and weaknesses of a case, the story jurors will adopt when deciding the case, and what questions jurors have about the issues. But mock trials also provide a certain level of entertainment – for me at least. I’ve learned to love the uncommon wisdoms spouted out of the mouths of mock jurors. While my clients are busy wondering how they are going to replace the hair they just pulled out of their head, I am taking note of the sorts of things our fello...

Mention the Payoff to Help Your Decision Maker’s Attention

October 26th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Back when I used to teach public speaking, I would tell my students that their speech introductions needed to contain four steps:  Gain attention State your purpose Mention a "payoff," or clear benefit to the audience And preview your main points I still think it is good advice for anyone beginning a presentation or an opening statement. The most counterintuitive part of that quartet might be the third piece: Provide a payoff. If the need for that part of the message is a little unexpected in a legal communication context, it could be because we make the m...

Is it possible that jurors will be misled by emotional  testimony and gruesome photos? 

October 26th, 2015 by The Jury Room
Reviewing gruesome photographs and listening to emotional testimony about terrible injuries is something we do routinely. When we need to test their impact in our pretrial research, sometimes mock jurors (and occasionally trial jurors as well) are given the option of not looking at the photographs. They are put in an envelope, the envelope is passed around, and whoever wants to open it can do so. Gruesome photographs can be powerful. So can emotional testimony when seen as sincere and resulting from love and loss. So sometimes it’s hard to understand how research like this can lead to tenure...

How to Make Video Depositions More Engaging For Jurors

October 23rd, 2015 by Litigation Insights
Let’s be honest. Video testimony is notoriously boring. But because it’s so commonplace in trial, and can be a source of crucial evidence, you don’t have the luxury of allowing your jury to nod off. Moreover, you can’t ask a videotape to repeat itself, clarify an answer – or to please stop mumbling; you only [...]The post How to Make Video Depositions More Engaging For Jurors appeared first on Litigation Insights.

How to make lies appear to be truthful and other things you need to know

October 23rd, 2015 by The Jury Room
We often read articles that don’t have enough content to make us want to devote an entire blog post to them but that seem useful or intriguing or just plain fun. Here’s a few more of those tidbits. “Illusory truth” and the repeated  falsehood Back in 2009, we wrote a post called I never knew Hitler had three testicles which was all about how, if you hear something often enough, it begins to see true to you. It is sometimes called “familiarity breeds belief” and new research tells us it is still true in 2015. If something sounds plausible, most of us don’t want to do the work of ...

Witnesses, Answer in a Full Sentence (10 Reasons)

October 22nd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Testifying in deposition and on cross-examination can seem like a battle for control. Opposing counsel is aiming to fit the witness into a script, and the witnesses (hopefully) are trying to speak for themselves. A well-prepared witness will have a lot of tools at their disposal in aiming to at least come out even in that battle. But here is one of the major tools, and frustratingly, it is the one that I seem to have the greatest trouble trying to get witnesses to consistently use: a full sentence answer. That means a subject, a verb, and an object; an answe...

Group Psychology, Voir Dire, Jury Selection and Jury Deliberations

October 21st, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting Since first being exposed to the group psychology work of Wilfred Bion 15 years ago, I've been completely fascinated by it. I think his theories perfectly explain the behavior of every group that I've ever encountered. From boards that I sit on to groups on reality TV shows, they all behave in the same predictable ways, especially when placed under pressure. I think the author Robert Young captures the essence of the group dynamics... Read more at http://www.A2LC.com/blog

Cognitive Biases: A pictorial primer 

October 21st, 2015 by The Jury Room
It’s pretty amazing really. We’re aware of various cognitive biases that come up as we go through our days and see them spouted in various arguments and disagreements. But they’re hard to remember sometimes. You may have seen the Wikipedia page devoted to cognitive biases but here’s something novel: a pictorial representation of 20 common cognitive biases that you can print out on a single 8.5×11 page of paper. And it’s published in an unexpected place: The Business Insider website. Here it is presented in full but if you have trouble reading it due to size constraints, go take ...

How Defendants Can Combat the ‘Reptile Strategy’ (And Its Ilk)

October 19th, 2015 by Tsongas Litigation Consulting, Inc.
This article by Tsongas Consultant Theodore O. Prosise, Ph.D. and Peter Ehrlichman, Esq. originally appeared on the Inside Counsel website on October 9, 2015. You can access the original here. Additionally, if your firm is interested, Tsongas conducts seminars and CLEs on this and related topics. Defense teams are confronted with numerous challenges at trial from the start. The plaintiff molds initial impressions, shaping the conceptual and moral message(s), affording the means to influence the jurors’ emotional/rational decision-making framework. Recently, the Reptile Strategy has gaine...

Expecting honesty and getting lies—when are you most able to tell it’s a lie?  

October 19th, 2015 by The Jury Room
We write often about lying and deception and none of us like to discover we’ve been lied to by either a stranger or by someone whom we know [or thought we knew] well. Despite how often we encounter dishonesty, there is a tendency to presume honesty in what we hear from others. So is it better to be wary of others and presume dishonesty until proven otherwise? Today’s researchers wanted to figure that out. They asked 190 undergraduates (average age 19.3 years and 67.6% female) to participate and assigned them to random pairs (some were same-sex pairings and others were not). Two participant...

Is there Juror Bias Against Female Attorneys?

October 17th, 2015 by Litigation Insights
Gender bias is often outside of conscious awareness and is implicit, meaning that it can occur in stark contrast to one’s consciously held explicit beliefs. Banaji & Greenwald (2002) posited that such social behavior is not completely under our conscious control but, rather, is driven by learned stereotypes that operate automatically or unconsciously when we [...]The post Is there Juror Bias Against Female Attorneys? appeared first on Litigation Insights.

Expect Racial Bias in Civil Damage Awards

October 16th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When we think about racial bias in the legal process, our first thought is likely to be of charging and sentencing in the criminal justice system, or based on the Black Lives Matter movement of recent times, we might think of interactions with law enforcement officers. Based on an innovative new study coming out of the University of Oregon Law School (Girvan & Marek, 2015), there is one more arena where we should expect a documented threat to equal justice: civil jury damage awards. Looking at a large number of cases that made it to a plaintiff's verdict, the...

The Trust in Science and Scientists Inventory Scale 

October 16th, 2015 by The Jury Room
Often, social science research studies have scales (i.e., paper and pencil measures) that may have relevance to litigation advocacy. When they seem to (or when they are just bizarre) we write about them here. If you’d like to see all the scales we blogged about over time, take a look here. It ranges from the ridiculous to the sublime. We’ve been reading and blogging about science and scientists lately — especially about the level of public trust in science findings so it was nice to find this article. The researchers (a multidisciplinary team composed of a geoscientist, a chemist, a biol...

Trust Your Witness

October 15th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  A few days ago, an attorney I know emailed an article to a group that included me and a number of attorneys. It was the third time that had happened in two weeks -- with the same article! There must be something to it, I thought, so I went ahead and clicked on "Reinventing Witness Preparation," the article by Nutter, McClennen & Fish partner Kenneth R. Berman. The article advances the provocative idea that "They taught us all wrong" when it comes to getting witnesses ready for deposition or trial. As I read, I found myself nodding vigorously to...

Why We Blog (and Maybe Your Firm Should Too)

October 14th, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting A new friend of mine had been the head of litigation at a Fortune 500 firm known for frequently being involved in litigation. He said something interesting to me earlier this week: “You guys put the best information out there. You synthesize litigation information better than anyone else. But does it translate into business for you?” He said that last part with a bit of skepticism in his voice. That was an “aha” moment for me. I realized that I really... Read more at http://www.A2LC.com/blog

iPad in Trial

Jeff Richardson (iPhone JD) recently shared an interesting story of attorney Carolyn Elefant’s use of an iPad and the TrialPad app in trial. He includes a list of several others as well.http://www.iphonejd.com/iphone_jd/2015/10/carolyn-elefant.htmlWhile Jeff and Carolyn share another great story of the iPad in use for things once reserved for computers, one thing we don't read about much is where the iPad falls short in power and function. While the iPad can do many things, it is still not a computer, and there comes a point where its limitations are (or should be) realized - often with spec...

You might want to start assessing perseverance in potential job  applicants

October 14th, 2015 by The Jury Room
While you may not have heard the term “counterproductive work behaviors” if you are not in the habit of reading organizational behavior research, you certainly will recognize the behaviors when you see them: absenteeism, lateness, rudeness and incivility. This is an interesting study because rather than studying counter-productive work behaviors (aka “bad behavior”) they wanted to see if there were character traits that were most correlated with good behavior and bad behavior in the workplace. And guess what? There are those traits and it would be pretty simple to assess them in an int...