Litigation Insights

Home/Litigation Insights

Voir Dire Questions: Where Do I Start?

September 12th, 2018|

As we’ve discussed in detail previously, the right voir dire questions are those that lead you toward achieving two main objectives:  1) identifying jurors whose attitudes do not align with your client or your case, and 2) establishing the foundation for cause challenges.  When done correctly, effective voir dire prevents your verdict from resting in […] The post Voir Dire Questions: Where Do I Start? appeared first on Litigation Insights.

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

August 15th, 2018|

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.

How to Deal With Bad Company Documents, Part 1: Voir Dire

June 29th, 2018|

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. Whether it’s a poorly worded email, a bad test result, or a historical document […] The post How to Deal With Bad Company Documents, Part 1: Voir Dire appeared first on Litigation Insights.

Commitment Effects, Part 2: Does Allowing Juror Discussion Prior to Deliberation Affect Their Decision Making?

May 11th, 2018|

In Part 1 of this blog, we discussed whether asking verdict-related questions early in a mock trial can cause a commitment effect in mock jurors, such that they are less likely to change their opinions as more evidence is presented. Now, we’ll extend this idea into “real world” trials, because some venues allow jurors to […] The post Commitment Effects, Part 2: Does Allowing Juror Discussion Prior to Deliberation Affect Their Decision Making? appeared first on Litigation Insights.

Active Shooter Premises Liability: What Are Jurors’ Expectations of Safety?

April 6th, 2018|

Time and time again, the American public reels from the traumas of mass shootings. Virginia Tech, Aurora, Pulse Night Club, Sandy Hook, Las Vegas, Sutherland Springs Church, and, just last month, Stoneman Douglas – all fatal shootings we’ve heard and read about, occurring in different places, at different times of day, and targeting different people. The frequency […] The post Active Shooter Premises Liability: What Are Jurors’ Expectations of Safety? appeared first on Litigation Insights.

Should I Allow Jurors to Ask Questions of Witnesses?

March 14th, 2018|

On more than one occasion, I’ve been in court when the judge asked counsel if they would like to allow jurors to submit any questions for witnesses following their testimony. In most cases, judges have indicated they would allow juror questions if both parties agreed, yet attorneys are rarely sure if it is a good […] The post Should I Allow Jurors to Ask Questions of Witnesses? appeared first on Litigation Insights.

What Do Jury Consulting Services Cost when on a Budget?

February 22nd, 2018|

Think your case is too small for a jury consultant? Think again. There are jury consulting services available for every budget. While the cost estimates vary by case and jurisdiction, the discrete services described below are generally listed from least expensive to most expensive, starting at just over a thousand dollars. Speak with one of […] The post What Do Jury Consulting Services Cost when on a Budget? appeared first on Litigation Insights.

How Body Language Can Impact Witness Credibility

January 31st, 2018|

Your hands shake. Your voice trembles. Your face reddens. We’ve all been there, having to give a presentation in front of people and fighting back the nerves that come along with it. Whether in front of your peers or in front of a jury or judge, public speaking is a high-stress situation. And testifying in […] The post How Body Language Can Impact Witness Credibility appeared first on Litigation Insights.

Top Ten Litigation Insights Blogs of 2017

January 11th, 2018|

We may have left 2017 behind, but let’s not forget some of our favorite blogs! We wanted to take one last look back on what our readers and clients found most helpful in 2017. While some of the blogs listed below were the most read articles in the last year (but may have been published […] The post Top Ten Litigation Insights Blogs of 2017 appeared first on Litigation Insights.

How Important Is Attorney Etiquette in the Courtroom?

December 19th, 2017|

“All the world’s a stage,” as they say; and apparently, that includes the courtroom. From my countless post-trial interviews with jurors, I’ve come to the conclusion that jurors are always watching you – not just to see if you’re a good lawyer, but to see if you’re a good person. Thus, it is important for […] The post How Important Is Attorney Etiquette in the Courtroom? appeared first on Litigation Insights.