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Should an ESL Witness Testify Through an Interpreter?

October 5th, 2017|

When presented with a witness who speaks English as a Second Language (ESL), it is difficult to predict how they will be perceived by a jury.  In a previous post, we examined the challenges of identifying juror bias against foreign witnesses, but that raises a separate, yet related issue as to whether that witness is […] The post Should an ESL Witness Testify Through an Interpreter? appeared first on Litigation Insights.

How to Make Sure Your Expert Witness Isn’t a Lemon

September 21st, 2017|

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […] The post How to Make Sure Your Expert Witness Isn’t a Lemon appeared first on Litigation Insights.

Are Jurors Biased Against Foreign Witnesses?

September 8th, 2017|

To say that America has a complicated relationship with “foreignness” would no doubt be an understatement.  After all, the vast majority of us have relatives or ancestors who immigrated to the United States at some point in time (I, myself, am a first-generation citizen).  Yet, there remains a great deal of political controversy and social tension between Americans and the foreign born (or […] The post Are Jurors Biased Against Foreign Witnesses? appeared first on Litigation Insights.

Storytelling in the Age of Emojis

August 22nd, 2017|

Weaving words together to create pictures in the minds of jurors – true storytelling – has long been the foundation of successful trial lawyers.  But why stop with words alone?  Adding actual images to a presentation further enhances jurors’ ability to understand and remember case themes.  These images can resonate across age, gender, beliefs, and individual […] The post Storytelling in the Age of Emojis appeared first on Litigation Insights.

What Should I Do When My Witness Wants to Outsmart Opposing Counsel?

August 3rd, 2017|

In my career, I have never seen jurors give a witness in a mock trial as low an evaluation score (1.3 out of 7) as one witness we encountered named Tim.  In fact, one of my fellow consultants on the project confessed, “I once worked on a case that involved [an accused] child molester.  The […] The post What Should I Do When My Witness Wants to Outsmart Opposing Counsel? appeared first on Litigation Insights.

8 Tips For Preparing On-Site Trial Support Budgets

July 20th, 2017|

While a variety of factors are up in the air during trial that can boost costs, that won’t stop most clients from asking counsel to forecast their budgets. It’s a reasonable request, but not always an easy one to fulfill. When it comes to outside costs, trial graphics and on-site trial support are two areas where budgets are […] The post 8 Tips For Preparing On-Site Trial Support Budgets appeared first on Litigation Insights.

Bill Cosby and Jury Bias: Can Jurors Recognize Their Own Biases?

July 6th, 2017|

Now more than ever, information is at our fingertips.  While the benefits of this are many, one potential downside has become apparent in the legal system.  The law assures defendants the right to an “impartial” jury.  However, the sheer amount of information available through the rapidly expanding use of technology means that jurors are increasingly […] The post Bill Cosby and Jury Bias: Can Jurors Recognize Their Own Biases? appeared first on Litigation Insights.

New Media’s Impact, Part III: Tweaking Your Graphics for the Modern Juror

June 28th, 2017|

Parts I and II of this series explained how and why jurors’ communication styles – and, accordingly, their responses to trial graphics – are changing with the influx of new media.  Now we’ll tell you what you can do about it. By sticking to the fundamentals and making tweaks with the modern juror in mind, […] The post New Media’s Impact, Part III: Tweaking Your Graphics for the Modern Juror appeared first on Litigation Insights.

Commitment Effects: Does Asking Verdict Questions Early Commit Mock Jurors to a Position? Part I

June 22nd, 2017|

When we design a mock trial – where jurors are read instructions and deliberate to a verdict form – we concentrate on presenting the case facts, witnesses, and evidence in a way that will impact jurors’ story of the case similarly to a “real life” trial.  As such, we typically wait until after jurors hear […] The post Commitment Effects: Does Asking Verdict Questions Early Commit Mock Jurors to a Position? Part I appeared first on Litigation Insights.

New Media’s Impact on Jurors – Part II

June 15th, 2017|

Your trial graphics do not live in a vacuum.  Their success is based solely on their effectiveness with the audience – your jurors.  Of course, no two jurors are exactly alike; their needs and wants are a moving target.  So how can our graphics possibly meet the communication expectations of every juror?  One valuable way […] The post New Media’s Impact on Jurors – Part II appeared first on Litigation Insights.