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What’s on Employees’ Minds? Employee Rights, Pay, & Government Regulation

May 19th, 2017|

Most jurors are employed, either as contractors, employees, or self-employed.  What are their workplace concerns these days?  Do they feel protected?  Do they believe their pay is fair? Understanding how jurors’ employment needs and concerns have changed (or not changed) is critical in assessing the risks in your employment litigation.  Will jurors identify with the […] The post What’s on Employees’ Minds? Employee Rights, Pay, & Government Regulation appeared first on Litigation Insights.

Defending Premise Liability Cases with Video Surveillance Footage

May 12th, 2017|

While you can’t bank your whole case on a short video clip, the presence of “hard” video evidence jurors can see with their own eyes is much more persuasive than being told what happened.  (Especially when they’re being told by two different lawyers or experts with opposing motives and viewpoints.) To that extent, jurors really […] The post Defending Premise Liability Cases with Video Surveillance Footage appeared first on Litigation Insights.

What Analogies Can I Use to Explain My Case to a Jury?

May 5th, 2017|

When working on trial strategy with a client, it is almost inevitable that he or she will ask, “What analogy can I use to help the jury understand X?”  Then, the trial attorneys, in-house counsel, and anyone else in the room will begin tossing around various analogies – most of which sound like great ideas […] The post What Analogies Can I Use to Explain My Case to a Jury? appeared first on Litigation Insights.

Trial Graphics: Top Six Ways to Get More Out of a Limited Budget

April 20th, 2017|

The importance of adding a visual component in the courtroom cannot be understated. Our research shows that comprehension and retention of trial themes is enhanced by the incorporation of effective visuals. Well-designed demonstratives can reinforce your case themes, reduce case ambiguities, and ensure consistency, coherence, and comprehension of your message. With so many variables, ideas, […] The post Trial Graphics: Top Six Ways to Get More Out of a Limited Budget appeared first on Litigation Insights.

Should My Client Say “I’m Sorry”?

April 12th, 2017|

As a corporate defendant, does it help or hurt to apologize for past conduct?  Does it show weakness?  Fault?  Honesty?  Sincerity? Well, it all depends on the case.  Just take a look at mock jurors’ very different reactions to two different defendants saying, “We’re sorry.” Juror A:  “They have done nothing to address the problems […] The post Should My Client Say “I’m Sorry”? appeared first on Litigation Insights.

Does Court-Provided Audiovisual Equipment Help or Hinder?

April 7th, 2017|

Courtrooms new and old across the United States are being outfitted with some of the latest audiovisual equipment.  Lots of time and money have been spent planning the best equipment to install, where to install it and how the judge will control it. With that said, the setup is often designed around the judge’s view […] The post Does Court-Provided Audiovisual Equipment Help or Hinder? appeared first on Litigation Insights.

Why Storytelling is Your Best Defense

March 24th, 2017|

The Problem As we know all too well, plaintiffs often have a ready-made underdog tale in civil trials:  David (their client) against Goliath (your client).  And nobody roots for Goliath. That’s strike one against you, before you even start.  Add in the fact that many jurors assume your client must have done something wrong if […] The post Why Storytelling is Your Best Defense appeared first on Litigation Insights.

A Millennial Could Be Your Next Jury Foreperson

March 15th, 2017|

Millennials – the generation born between roughly 1980 and 2000 – are showing up in large numbers to perform their civic duty.  In fact, this year alone we’ve had several trials in which the post-hardship jury pool was nearly 50% or more Millennial after hardships.  More importantly, in two very recent trials, a Millennial served […] The post A Millennial Could Be Your Next Jury Foreperson appeared first on Litigation Insights.

Why Are Graphics So Compelling in the Courtroom?

February 16th, 2017|

Stanford psychologist Amos Tversky and others have proposed that learners rely on mentally efficient strategies when evaluating new information.  It is believed these mental shortcuts allow people to make decisions quickly – a necessity in a fast-paced world – but sometimes at the cost of accuracy in decision-making1 (you can read more about how this […] The post Why Are Graphics So Compelling in the Courtroom? appeared first on Litigation Insights.

Maximizing Cause Strikes: How Do I Get Jurors to Say They Can’t be Fair?

February 9th, 2017|

As we’ve mentioned in previous posts, eliciting bias and obtaining cause challenges should be the primary objectives of voir dire. Each juror you are able to remove for cause is essentially equivalent to having an additional peremptory strike that your opponent does not. Indeed, a successful voir dire should tilt the playing field in your […] The post Maximizing Cause Strikes: How Do I Get Jurors to Say They Can’t be Fair? appeared first on Litigation Insights.