Police observers are more observant than ordinary  civilians

October 9th, 2015 by The Jury Room
Most research has not shown police to be any more observant than ordinary civilians—even though judges and juries often make assumptions that police witnesses are more reliable than civilian eyewitnesses. New research by Dutch researchers shows that police observers were more aware of details in a drug deal near a hotel which had been recorded on video than were civilian eyewitnesses. Since police officers often write reports about witnessed incidents, the researchers wanted to examine if police reports would be more complete or more accurate than reports and identifications from civilian wi...

Assess Environmental Attitudes

October 8th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Our views on the environment can be pretty politicized these days. Along with what we think about reproductive rights, marriage equality, support or opposition to Mideast wars, our view of how we fit into the natural world can serve as a pretty reliable sign of where we fall along the red to blue spectrum. But it isn't just a political stripe. Our individual views of the environment and the way we balance ecological values against interests in economic development and our modern lifestyle can also influence how we view a number of different litigation scenarios. ...

Top 7 Things I’ve Observed as a Litigation Consultant

October 7th, 2015 by The Litigation Consulting Report
by Ryan H. Flax, Esq. Managing Director, Litigation Consulting & General Counsel A2L Consulting I’ve passed another anniversary at A2L Consulting and in my time as a litigation consultant I’ve been both surprised and reassured about the state of the litigation business and its players (I also wrote about my surprises upon beginning my career as a litigation consultant). I’ve seen both the very best and quite bad litigators in action and have consulted for both. Although some litigators... Read more at http://www.A2LC.com/blog

Do Whites, Blacks, and Asians have different  biases than Biracial adults?

October 7th, 2015 by The Jury Room
Pew Research Center often impresses us with their in-depth explorations of various social issues. Last month, they published an article looking at racial bias as measured by the Implicit Association Test (IAT). This is work that’s been done a lot, the twist this time is that Pew looked at the differences in racial biases among biracial adults as compared to Black, Asian and White Americans. What we also admire about Pew’s work is that they tell you when you can generalize their findings and when you cannot. They say that this pool was not representative of the adult population of the count...

Why Not Just Tell the Jurors How to Deliberate?

October 5th, 2015 by The Sound Jury Library
By Thomas M. O’Toole, Ph.D. It is a scary proposition to hand a case that you have worked on for months or years over to a jury for final adjudication. With all that’s on the line, it’s actually quite preposterous when you think about it. It took you months or years to learn enough about the case to bring it to trial and present it. Now you’ll hand the fate of all that work over to a small group of random people, who probably knew nothing about the issues in the case before they showed up for jury duty. You have no clue what they will do. All you can do is wait and hope. It doesn’t...

Note the Difference Between Tragedy and "Stuff Happens"

October 5th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Another mass shooting at a school, this time at Umpqua Community College in Roseburg, Oregon.  Another isolated and disturbed gun collector, and another set of victims to be remembered: nine in this case. In President Obama's remarks, we see increasing frustration as he spoke of "more American families -- moms, dads, children -- whose lives have been changed forever." Shortly thereafter, GOP Presidential candidate Jeb Bush commented, also calling it a "tragedy," but then following that with, "Stuff happens, there’s always a crisis,...

Is there an effective strategy that reduces a conspiracy  theorist’s intense beliefs?

October 5th, 2015 by The Jury Room
According to new research with a large sample from all across the United States, the answer is yes! If you have read this blog for long, you know we love a good conspiracy theorist and use their idiosyncratic associations in pretrial research to plug holes in case narratives. The researchers briefly review the past literature on conspiracy beliefs as reflecting a desire for control of the uncontrollable. Then they wonder if “reaffirming a sense of control” could serve to decrease the strength of the (ostensibly no longer needed) belief in a conspiracy. They designed two studies and we’ll...

Discrimination against foreign-born Hispanics and  US-born Hispanics in the US

October 2nd, 2015 by The Jury Room
Donald Trump unleashed a divisive furor earlier this summer when he announced his candidacy for President while referring to Mexican immigrants as rapists and drug dealers. “I don’t see how there is any room for misunderstanding or misinterpretation of the statement I made on June 16th during my Presidential announcement speech,” Trump wrote, adding, “What can be simpler or more accurately stated? The Mexican Government is forcing their most unwanted people into the United States. They are, in many cases, criminals, drug dealers, rapists, etc.” Trump’s comments resulted...

Keeping Your Mock Trial from Falling and Your Focus Group from Failing

October 1st, 2015 by Tsongas Litigation Consulting, Inc.
Clients often ask us, as jury consulting experts, to explain the distinction between mock trials and focus groups. The delineation is subtle but important, but as the clock slowly ticks closer to the lunch hour, I find myself unable to think of anything but food – hence the comparison of mock trials to chocolate cake and focus groups to Italian risotto. Bear with me on this one; it will come together. Mock trials, particularly during the deliberation portion, are like a chocolate cake: you place it in the oven then wait patiently for it to bake. If you’ve ever been involved in a mock trial...

Ground Punishment in Empathy

October 1st, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  While we like to frame it in terms of "justice," the trial system is based to a large degree on punishment. On the criminal side, that focus is obvious as jurors decide whether the accused deserves a penalty, and if so, what level of penalty is most appropriate. But from a psychological perspective, or a jurors' eye view, a civil case is about punishment as well. While the concept isn't often built into the instructions or the verdict form, with the important exception of punitive damages, the idea of whether and how much to punish the civil defendant is nonethel...

20 New Litigation Realities (to Celebrate Our 20th)

October 1st, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting Today is the 20th anniversary of the founding of A2L. We literally started in a closet not long after I finished law school. First, we were Animators at Law. Then almost five years ago, we became A2L Consulting to reflect the fact that litigation graphics were now less than half of our business. Jury consulting, trial technology support and litigation advisory services are now a bigger part of what we do. Twenty years later, we're a national litigation... Read more at http://www.A2LC.com/blog

What are the Benefits of Having Diversity in a Jury Panel?

September 30th, 2015 by Litigation Insights
It’s well known that race-based peremptory challenges are constitutionally prohibited by the Equal Protection Clause, but we often have clients ask us about the importance of the racial composition of a jury. While the issue of whether race influences verdict outcome is case-specific and far more complex than can be addressed here, the bottom line [...]The post What are the Benefits of Having Diversity in a Jury Panel? appeared first on Litigation Insights.

What do (13,000) Americans really think about  climate change?

September 30th, 2015 by The Jury Room
We blogged recently on how to talk about climate change without eliciting automatic (knee jerk) negative reactions from listeners. Shortly before that post, we blogged about scientific consensus on climate change as a gateway belief to persuasion. So we were happy to see a wonderfully clear writeup on the Yale Project on Climate Change Communication’s survey on American beliefs about climate change over at the Sociological Images blog. The Yale researchers asked 13,000 Americans whether they thought the climate was changing and what they thought was causing climate change (if it indeed exist...

6 Ways to Use a Mock Trial to Develop Your Opening Statement

September 29th, 2015 by The Litigation Consulting Report
By Laurie R. Kuslansky, Ph.D. Managing Director, Jury & Trial Consulting A2L Consulting  It’s often said that the door to winning your case closes in your opening statement. Unless you are able to grab your audience, the jury, then and there, you may never be able to do so. So how do you maximize your chances of grabbing the attention of the jury at the time that it matters most? One way is through the use of mock trials. How? Mock trials can help you avoid losing jurors from the... Read more at http://www.A2LC.com/blog

Repair the Corporate Image

September 28th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I've had a fond and favorable impression of Volkswagen. Partly that's due to my childhood memories from the 70's of driving around with my large family in an old VW bus, and partly that is the result of the company's conscious marketing as a slightly off-beat, countercultural, and environmentally aware company. When the company reintroduced the bug in the late 90's, they did so with the promise, "If you sold your soul in the 80's, here's your chance to buy it back." Over the years, the larger Volkswagen group's reputation for reliability, performance, and ec...

5 Ways That a Mock Trial Informs and Shapes Voir Dire Questions

September 28th, 2015 by The Litigation Consulting Report
By Laurie R. Kuslansky, Ph.D. Managing Director, Jury & Trial Consulting A2L Consulting  As we have discussed a few times, mock trials are one of the best tools that trial lawyers have at their disposal. Mock trials can have innumerable benefits in trial preparation. One benefit is that mock trials can help you to design and shape the questions you ask during voir dire in the real trial. Here are five ways in which mock trials can help you in this way. If you have a large enough... Read more at http://www.A2LC.com/blog

Ten minutes of uninterrupted eye contact causes hallucinations and other important things 

September 28th, 2015 by The Jury Room
There are many things we read and discard rather than sharing them (and our take on them) with you, but other things we read and grin and think you might want to know. We’ve described these before as odd facts for sharing over drinks or dinner or around the office. It isn’t the most pivotal research we’ve read, but it is usually amusing. These are not the really “important” things, but they might make you grin and result in others looking at you with awe (or at least curiosity). Altered consciousness using the person next to you (if they will cooperate) Tina Fey and Steve Martin did ...

Who among the British people is 100% heterosexual? 

September 25th, 2015 by The Jury Room
Illustrating this post is the Kinsey Scale of Sexual Behavior. As you can see, the scale asks people to describe themselves sexually on a scale ranging from “exclusively heterosexual behavior” to “exclusively homosexual behavior”. In the wake of Caitlyn Jenner’s emergence into the public eye, there’ve been many articles about gender identity and sexual preference as people attempt to sort out how a hyper-masculine Olympian has always felt like a woman on the inside. A well-regarded polling company (you.gov) decided to ask 1,632 adults in Britain to simply place themselves on the Ki...

Account for Your Venue’s Demographic Change

September 24th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I almost drafted this post as an epic folk ballad entitled, "The Demographics They Are a-Changin.'" Thankfully, I thought better of it. The artistry may not have been appreciated, but the underlying point is very important to those who study the American political landscape, including litigators preparing for trial in venues across the country. In cities, counties, and federal districts throughout America, demographics are indeed changing. In large part, that means that we are becoming a more diverse country, with population growth among nonwhites outstripping po...

Announcing The Trial Tips Podcasts from A2L Consulting

September 23rd, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting We have been publishing this blog for almost five years now, and we keep finding new and better ways to share our insights. Our free e-books are downloaded thousands of times per month, our webinars are viewed by hundreds, and every month, more than 200 new people subscribe to our blog. Today, we're announcing a new way for you to benefit from our valuable free content about litigation and persuasion — podcasts. As technology has advanced over the... Read more at http://www.A2LC.com/blog

Who has the deepest voice amongst the Republican  candidates for President?

September 23rd, 2015 by The Jury Room
I watched the second Republican debate last week after reading two more articles on voice pitch and winning elections. Not coincidentally, I had to struggle to keep from focusing on who had the deepest voice among the candidates. We’ve written about this line of research before and tend to think of it as the Barry White or James Earl Jones effect. Deep resonant (and yes, male) voices are tied in our minds with strength, competence and leadership. Oddly, when you (and your deep male voice) are running against a female opponent (like Carly Fiorina in the Republican debates) you won’t do as w...

Mock Trial Versus Deliberation Group: What is the Difference?

September 21st, 2015 by Litigation Insights
When most clients call us, they know whether they want a mock trial versus a focus group design. But within the Mock Trial family is another design called a Deliberation Group. Both are deductive, verdict-driven tests. Both provide juror deliberations. But what is the difference between these two designs and when do you select one [...]The post Mock Trial Versus Deliberation Group: What is the Difference? appeared first on Litigation Insights.

Treat Witness Eye Contact As a Three-Way Conversation

September 21st, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  The advice is as old as the art of communication: Look at the person you are talking to. And it is good advice. Eye contact makes it easier for audiences to stay engaged and more likely that speakers will focus on their targets. For a witness on the stand during trial testimony, that means "Look at the jury." But not just the jury. A witness who shuts out counsel and fixes their gaze only on the jury is likely to look a little contrived, or even creepy. So the advice is to look at the attorney when she is asking a question, and then look at the jury whe...

Can State and Local Governments Afford Litigation Consultants?

September 21st, 2015 by The Litigation Consulting Report
by Ken Lopez Founder/CEO A2L Consulting Well, yes, of course they can. In fact, we are hired by them with some frequency. Let’s be specific. Our firm is just about 20 years old, and while our typical client is a medium-sized to mega-sized law firm, we work with a government entity every month of the year. Usually, our work is on behalf of some entity of the federal government, typically the U.S. Department of Justice or some other agency such as the Environmental Protection Agency. A... Read more at http://www.A2LC.com/blog

Predicting who will murder their spouse or  family members

September 21st, 2015 by The Jury Room
This is a fascinating study on how those that kill significant others or family members are different from those who kill strangers. The first author explains how these murderers are different, saying “These murders are usually in the heat of passion and generally involve drugs or alcohol and often are driven by jealousy or revenge following a separation or a split. This is grabbing the kitchen knife out of the drawer in a fit of anger and stabbing her 42 times.” The differences between those that kill family members and those that kill others are striking. The authors think the difference...

How Much Text on a PowerPoint Slide is Too Much?

September 18th, 2015 by The Litigation Consulting Report
by Kenneth J. Lopez, J.D. Founder/CEO A2L Consulting Lawyers love words. Lawyers love words on slides - tons of words on slides. Some lawyers think that the more words they use on a PowerPoint litigation graphic, the better. They are wrong. Actually, using too many words on a slide will dramatically damage your effectiveness. This damage is not aesthetic in nature. This is not about your look and feel. It is scientifically proven damage that affects how well you inform and persuade your... Read more at http://www.A2LC.com/blog

“Gaydar”: Real or plain and simple stereotyping? 

September 18th, 2015 by The Jury Room
A study a while back showed ‘above chance’ guessing of sexual orientation based on photographs of faces alone. The results were explained as proof of gaydar. Now, a new study says gaydar is not real and is a way to stereotype others that is seen as more “socially and personally acceptable”. They point to a difference in photograph quality in the 2008 study saying gaydar was real—apparently the gay men and lesbian women whose photographs were used in the study had “higher quality pictures than their straight counterparts”. When the photo quality difference was removed, participant...

The Pitfalls of Attorney-Conducted Jury Research

September 17th, 2015 by Tsongas Litigation Consulting, Inc.
The author David Sedaris once said, “Writing gives you the illusion of control, and then you realize it’s just an illusion, that people are going to bring their own stuff into it.” Recognizing that what he finds funny and interesting may not be what others find funny and interesting, he has started a process in which he “tests” his writing in front of live audiences before publishing. It’s similar to an attorney conducting pre-trial research. He finds that reading aloud to an audience helps him identify strengths and weaknesses in his writing. He will read a short story dozens of t...

Interact With Your Jurors

September 17th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  No, I don't mean that you should strike up a conversation with your current jurors in the elevator -- that kind of interaction is likely to lead to a quick mistrial and a contempt of court citation. But you should aim for methods of education that are as interactive as they can be. Educational researchers have long known that interactive education is more effective and more durable than passive learning, but the extent to which that is true is turning out to be even more striking than we thought. A recent study coming out of Carnegie Mellon University and reporte...

Cameras, Cameras Everywhere: How to Leverage Surveillance Video and Data Into Your Case

September 17th, 2015 by Cogent Legal » BLOG – News, Views & Tips on Graphics, Technology and Law
Some sources estimate that as of 2009 there were over 30 million surveillance cameras in the United States recording over 4 billion hours of images per week — let alone the number of images/videos taken by a vast number of high-definition cameras, embedded within every modern-day smartphone!  I certainly have no idea if such estimates are accurate, yet I can tell you that the amount of surveillance video and data that our office receives on a yearly basis continues to rise exponentially. It is now extremely common for a personal injury case to have surveillance video that shows some as...

Winning BEFORE Trial – Part 5 – Proper Use of Litigation Graphics

September 16th, 2015 by The Litigation Consulting Report
by Ryan H. Flax, Esq. Managing Director, Litigation Consulting & Gen. Counsel A2L Consulting Read more at http://www.A2LC.com/blog

Coffee, beer goggles, and workplace equity: More stuff you want to know

September 16th, 2015 by The Jury Room
We write blog posts about so many different topics that you would be surprised how much ends up on the metaphorical cutting room floor. Here are a few more that didn’t make the cut but with whom we thought you might want to have a passing familiarity. How is coffee good for you? Let us list the ways… We’ve written about coffee so much here that Doug has accused me of pandering to the coffee industry. This time, however, we are showing you an infographic with a must-see summary of how coffee “really affects your health”. Sure it’s written by someone who appears to be in the coffee i...

Fight for the Civil Jury

September 14th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  This past Friday I attended a fascinating, albeit a little terrifying, conference for the Civil Jury Project at New York University School of Law. Entitled "The State and Future of Civil Jury Trials," the conference kicked off what U.S. District Judge William Young called, "The last best hope for the civil jury in the United States." The goal of the conference, and the project more broadly, was to bring together a team of academics, judges, and trial consultants in order to research and strategize ways to preserve and promote the role of citizens in America's glo...

Better signs equals less friction: Why you need a good graphics  person

September 14th, 2015 by The Jury Room
Here’s a study about road safety that doesn’t know it’s a nice indication of why litigators need good graphics. We have blogged before about the value of graphics so it’s good to see more research that is so sensible to highlight the value of the visual in the courtroom. Today’s researchers wanted to see which common road sign was the best way to clearly communicate rules of the road to both auto drivers and cyclists. The sign illustrating this post is the one they found best communicated the fact that cyclists can bike in the center of the lane legally. They used Twitter to recruit ...

How do I Avoid Poisoning the Jury Pool?

September 10th, 2015 by Litigation Insights
Vulnerabilities. Landmines. Weasels. Bad facts. Stuff that can make the case go very, very bad. Every case has them – facets of the case that don’t look good for your client. If everything in the evidence were lined up in your client’s favor, would you be going to trial? Because every case has issues that [...]The post How do I Avoid Poisoning the Jury Pool? appeared first on Litigation Insights.

Maximizing the Impact of A Video Deposition

September 10th, 2015 by CourtroomLogic » Blog
Video depositions are a powerful, persuasive tool available to every litigant. There are countless benefits, and most will agree that presenting testimony by video is a much better option than simply reading the transcript into the record. But not all videographers are great videographers, and not all video is stellar video. If you go to the expense of scheduling a video deposition, you want the end product to be usable for something other than tossing in a red well and burying in the case file. Even though you’re not a videographer, you should still have a voice in the process a...

Support a Jurors’ Bill of Rights

September 10th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  I regularly interview jurors after a trial, and nearly every time, the former jurors that I speak with see their time in the box as a worthwhile experience. Eight million Americans report for jury duty each year, and while there are definitely complaints, a consistent theme is that upon completing their service, jurors are proud of their efforts and have a better understanding of our legal process. By far, the most common complaint, though, is that courts could have made much better use of the jury's time: Procedures should have been more streamlined and atto...

Jurors Don’t Let Facts Get In Their Way

September 10th, 2015 by The Sound Jury Library
By Jill D. Schmid, Ph.D. I’m a relatively new user of Facebook – turns out my protest against it wasn’t working as there are now over 1.25 billion users. I finally gave in and joined as I was told that people use it to share pictures of their kids, dogs, and vacations. While that is somewhat true, I’ve also found that people use it to “share” and “like” their political, religious, and moral views about every subject under the sun. Now, don’t get me wrong, I have no problem sharing my opinion, but typically I like to do it in a face-to-face setting where we can engage in a d...

Ten Key Questions: Evaluating the Quality of Mock Trial Research

September 8th, 2015 by Tsongas Litigation Consulting, Inc.
It is important to recognize that mock jury and focus group research projects come in all shapes and sizes; not all are created equal. This article offers ten key questions to help you assess the quality of mock trial research in the manner a Jury Consultant might. It is essential to remember that the quality of the findings—the output—is wholly dependent upon the quality of the methodological choices—the inputs. Q1: What is the sample size of the research? Sample size is a key in determining how much weight to ascribe to research results. A larger sample size increases the confidence th...

Don’t Forget About the Offline Folks

September 7th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Ah, the modern age: We’re all connected through the silken digital threads linking us to a common cultural knowledge base of information and opinion. The only problem is that, despite the first two "W's" in this web address standing for "World Wide," the strands of that web don't yet reach everyone. The number of those living outside of that electronic grid is shrinking, but is still larger than you might think. According to a recent report from the Pew Research Center, fully 15 percent of Americans do not use the internet. That number has maintained a steady d...

Lawyers Often Can (and Should) Say More to Reporters Than “No Comment”

September 4th, 2015 by The Litigation Consulting Report
  By Jim Grandone Special Guest Author Grandone Media Strategies A lawyer I worked with recently summed up the love-hate relationship between lawyers and the news media as follows, “We spend 50 percent of the time trying to get publicity about our firm and the other 50 percent worrying about what the press is going to write about us.” It’s true that in some states, there are constraints on what a lawyer can say about a pending case. But in general, a lawyer is allowed to... Read more at http://www.A2LC.com/blog

Learn From the Sea Change in Attitudes Towards Gays and Lesbians

September 3rd, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  What a difference a little bit of time can make. In 1996, same-sex marriage was more likely to be the punchline of a joke than a serious policy position, and support hovered at just 26 percent of the American public. By the time the Supreme Court ruled in Obergefell this past June, however, that proportion had increased to a solid 60 percent. Jeremiah Garretson, an assistant professor of political science at Stony Brook University, finds this pretty noteworthy, and is writing a book on rapid attitude change. “There’s been this 40 to 50 point shift in public o...

Have reports of the death of the civil jury trial been premature?

September 2nd, 2015 by The Jury Room
As you know by now, I edit The Jury Expert for the American Society of Trial Consultants and we try to alert you when new issues upload 4 times a year. This issue is special since it focuses on the perhaps premature reports of the death of the civil jury trial. Here’s the Editor Note from the new issue of The Jury Expert explaining how it all evolved and with some extra  links thrown in so you can go directly to the articles themselves. –Rita When we at The Jury Expert saw Renée Lettow Lerner’s writing on the collapse of the civil jury system in the Washington Post when sh...

Account for a Vanishing Attention Span

August 31st, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  When it comes to memory and attention, goldfish get a bad rap. It is said that they can only keep a thought in their heads for such a short span that the little plastic castle must be a surprise every time they see it. In truth, research shows that goldfish can remember new information for months. Still, that wasn't enough to stop the recent stories circulating with clickbait headlines like, "You Now Have a Shorter Attention Span Than a Goldfish." The articles draw on the comparison between a measured human attention span of just eight seconds, compared to a gold...

18 Ways in Which Trial Can Be Like a Family Beach Vacation

August 31st, 2015 by The Litigation Consulting Report
  by Ken Lopez Founder/CEO A2L Consulting Well, no one ever said a trial was like a day at the beach. Except that there are a lot of similarities, if you look hard enough. I'm just back from an annual two-week family vacation at the Outer Banks of North Carolina. My wife and I have seven-year-old triplet girls. My friend says that doesn’t sound too much like a vacation, and his point is well taken in many ways. Although anyone who has done this type of trip with young kids will have... Read more at http://www.A2LC.com/blog

9 Secrets for Using Video Depositions That Every Trial Lawyer Should Know

August 31st, 2015 by The Winning Litigator
Of all the discovery tools you can use to win your case at trial, none is more powerful than the video deposition. In virtually every case I’ve tried in the last 20+ years, deposition video has figured prominently in my presentation.  I know from speaking with hundreds of jurors and from testing video in jury... Continue Reading The post 9 Secrets for Using Video Depositions That Every Trial Lawyer Should Know appeared first on The Winning Litigator.

Talking about climate change without  knee-jerk responses from listeners

August 31st, 2015 by The Jury Room
We recently posted new research on the secret to combatting distrust of science. Now we have more research on how to talk about climate change without setting off automatic and defensive reactions from listeners. Not many of our readers are going to be litigating climate change issues, but the challenge of discussing complex scientific issues with potentially controversial impact covers a far broader scope. These researchers wondered if there were ways to weaken the ideological divide (around climate change) and so did an experiment to see what sort of language “framing” would be most pers...

New Trial Presentation Options

What’s up with all of the new trial presentation applications being released recently? Will the likes of TrialTouch, OnCue, Limine and Maestro take a bite out of the professional trial presentation market? Are they geared more toward their own (proprietary) in-house use, or toward attorneys wanting to do it on their own? A few of these have already been featured on the popular Trial Technology and Lit Support Podcast (http://www.midsouthtechs.com/generator/). OnCue (http://oncuetech.com/) appears on the surface to be oriented toward the professional market, but with the fallback of using it ...

Don’t Be Jeb: A "Low-Energy Person"

August 27th, 2015 by Persuasive Litigator
By Dr. Ken Broda-Bahm:  Republican presidential candidate Donald Trump has picked his preferred insult for fellow GOP hopeful Jeb Bush. On at least six occasions over the past few days, the Donald has referred to the Jeb as a "low-energy person." He doesn't have strength, passion, or enthusiasm, Trump says, at least not so much that we would ever get away with calling him “the Jeb.” It’s clever politics: Trump’s way of turning Bush’s comparative calm and maturity into a point against him. I have no criticism of Jeb Bush’s style, but Trump’s use of “low energy” as ...

The One Trial Graphic You Can’t Go Without in a Construction Case

August 26th, 2015 by Litigation Insights
Construction schedules are the most critical piece of any construction project. They show in visual form the many steps and procedures fundamental to project completion. So it follows that a trial graphic created to represent such a crucial project document is equally crucial to the presentation of your case. The clearer the graphic representing the [...]The post The One Trial Graphic You Can’t Go Without in a Construction Case appeared first on Litigation Insights.