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Trial Technology: What Has & Hasn’t Changed in Nearly Two Decades

November 5th, 2018|

I recently stumbled across an article I co-authored about 17 years ago for the National Law Journal with fellow journeyman and litigation consultant, Stan Sandstrom.  It was entitled, “An Ancient Art Jazzed by High Tech.” It brought me back.  I remembered that when we wrote it, I had just a few high-profile cases under my belt. Of course, now over a decade and a half […] The post Trial Technology: What Has & Hasn’t Changed in Nearly Two Decades appeared first on Litigation Insights.

My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant?

October 23rd, 2018|

We at Litigation Insights sometimes worry that the common monikers for our profession such as “trial consultants” and “jury consultants” create the impression that a case needs to end up in trial for us to be of assistance.  Add in the fact that civil jury trials have been in steady decline [1] while alternative dispute resolution […] The post My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant? appeared first on Litigation Insights.

How to Persuade Jurors in Trial Using Their Own Voir Dire Feedback

October 11th, 2018|

To persuade jurors, you’ll need to offer a thematic story throughout the entire case presentation and through each witness. With the aid of a mock trial, you’ll know what themes resonated best and have a case story crafted around those themes. But that’s only part of the equation. In a trial questionnaire and during voir dire, your […] The post How to Persuade Jurors in Trial Using Their Own Voir Dire Feedback appeared first on 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.