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Why So Many Mediations Fail, and How You Can Up Your Success Rate

January 10th, 2019|

Over the last 23 years, I’ve attended plenty of mediations with clients to help them prepare and present their mediation presentation.  But from what I’ve seen, there’s not much actual mediation going on.  Instead, it usually goes something like this:  Mediator:  You never know what you’re going to get with some crazy jury, so your best bet is to settle this here with me.  Would each side like to make an opening statement?  Plaintiff:  We know what a jury will do.  We’re going to kick your butt.  Defense:  No, we know what a jury will do, and we’re going to kick your butt.  (Both sides adjourn to separate rooms and eat M&Ms.  Mediator’s corns get worse going

Top 10 Travel Tips for Road Warriors

December 11th, 2018|

At our recent all-firm meeting, the topic of travel came up; not surprising, given that most of our team covers a lot of ground each year.  Soon enough, we all began sharing our favorite travel tips, and were pleased to discover a few that even our hardened LI “road warriors” hadn’t heard of.  Given that our average reader is no stranger to airports either, we thought we’d share our best travel tips here, in the hopes they make your life a little easier as you travel the friendly skies. Top 10 Travel Tips Stay Charged.  If you’ve got a lengthy flight where you hope to get a lot of work done, try to book an aircraft that has AC electrical outlets available for the cabin.  When booking flights online, airlines will list

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.