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 Whether it’s a poorly worded email, a bad test result, or a historical document […] The post How to Deal With Bad Company Documents, Part 1: Voir Dire appeared first on Litigation Insights.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?
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.
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.
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.
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.
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.
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.
“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.
“This is a very important case, and by being a juror on a case like this, you’re taking on a pretty big role; you’re basically a guardian of the community. You’re the ones that get to be the decider about when things are wrong or when they’re right, or when some change needs to happen. […] The post How Can the Defense Use the “Reptile Approach” Against Plaintiffs? appeared first on Litigation Insights.
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.