Experts: Be Experienced, Confident, and Visual

August 16th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the intuitive sense about the nature of this subject area.” The other two judges quickly nodded in agreement, becoming in that moment quite a bit like a jury. Experts are not automatically believed because they are experts. To be credible, they have to overcome a few hurdles, and probably the biggest hurdle is, “To be useful, you have to be better than

Debunking conspiracy theories (in politics and  elsewhere)

August 16th, 2018|The Jury Room (Keene Trial Consulting)|

We like PSMag for their ability to summarize scientific research in clear language. Here’s an article written by Nathan Collins that offers some insights from a researcher who has ideas on how to get some people who are conspiracy theorists to consider another perspective.  Apparently there is a growing body of research supporting the idea that we can take a direct approach to debunking conspiracy beliefs. Perhaps it is all the focus on “fake news” and the sheer numbers of people now fact-checking when they see a somewhat unbelievable story. Whatever has caused this to happen—it is good news for

Better Safe than Sorry

August 16th, 2018|2's Company - Magnus Insights|

A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who are on the fence about conducting mock jury research. Over the past 25+ years working with attorneys, I’ve talked with many who were unsure whether it was “worth the money” to conduct jury/fact finder research when they think they have a pretty good handle on

How to Deal With Bad Company Documents, Part 2: Trial

August 15th, 2018|Litigation Insights|

Almost every case has one.  Some cases have a few.  And in mass tort litigation, they can follow a company around the country, affecting every case and never going away.  Bad company documents are the bane of many trial attorneys’ existence.    While the process of limiting the damage of bad company documents begins in voir dire (see Part 1), it doesn’t […] The post How to Deal With Bad Company Documents, Part 2: Trial appeared first on Litigation Insights.

Corporate litigation: The halo effect, the halo tax,  and the home court advantage

August 14th, 2018|The Jury Room (Keene Trial Consulting)|

Today we have some recent research examining what happens when prestigious companies are sued for employment discrimination. A good reputation is something most organizations strive for, but in employment litigation, a good reputation can be a double-edged sword.  This research was completed at the Kellogg School of Northwestern University and the researchers found some contradictory findings on the effect of prestige for companies sued for employment discrimination. The researchers generated a list of low and high status companies from Fortune’s Most Admirable Companies list between 1998 and 2008 and gave them a score between 0 and 10. They also examined

Open for Business: Top Posts on Opening Statement

August 13th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Your opening statement is a lot of firsts. It’s the first opportunity for your judge or jury to hear the story; the first opportunity to hear a preview of your evidence and argument; the first opportunity to see you on your feet as an advocate for a sustained period of time. It is also your first chance to lay out your story and your expected proof in a way that is prepared and largely controlled. It is also your first chance to really look into the eyes of your fact finders and, if not argue, definitely