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10 Ways to Maximize Persuasive Courtroom Storytelling (Part 4)

February 25th, 2019|

This article is the last in a series of four articles about courtroom storytelling. My goal in this series is to reveal some of the tricks of the persuasive storytelling trade in one place for the busy trial lawyer. I hope that these recommendations can serve as a pretrial checklist for anyone who wants to draft an opening statement. A2L’s litigation consultants have published dozens of articles about storytelling, and we’ve released books and webinars on the subject. These ten tips represent the essence of what we have learned and of what we have taught. If you apply these ten suggestions when

10 Ways to Maximize Persuasive Courtroom Storytelling (Part 3)

February 21st, 2019|

This article is the third in a series of four articles about courtroom storytelling (links to part 1 and part 2). My goal in this series is to reveal some of the tricks of the persuasive storytelling trade in one place for the busy trial lawyer. I hope that these recommendations can serve as a pretrial checklist for anyone who wants to draft an opening statement. A2L’s litigation consultants have published dozens of articles about storytelling, and we’ve released books and webinars on the subject. These ten tips represent the essence of what we have learned and of what we have taught.

10 Ways to Maximize Persuasive Courtroom Storytelling (Part 2)

February 11th, 2019|

This article is the second in a series of four articles about courtroom storytelling (here is a link to part 1). My goal in this series is to reveal some of the tricks of the persuasive storytelling trade in one place for the busy trial lawyer. I hope that these recommendations can serve as a pretrial checklist for anyone who wants to draft an opening statement. A2L’s litigation consultants have published dozens of articles about storytelling, and we’ve released books and webinars on the subject. These ten tips represent the essence of what we have learned and of what we have taught.

The Top 80 Articles From The Past 8 Years

February 6th, 2019|

Please join me in wishing all the authors of A2L's Litigation Consulting Report blog a Happy 8 Year Blogging Anniversary! To celebrate, I'm sharing the top 80 articles out of more than 600 litigation & persuasion focused articles written in the past eight years. Whether you want to become an even better trial lawyer, learn the latest jury consulting techniques, or anticipate your opponent's litigation graphics trickery, you will find valuable information here that you won't find anywhere else. After more than one million visits to our award-winning blog, these are the top read articles. All have been visited thousands of times, and the most read articles (at the bottom of the list) have been

Ten Ways to Maximize Persuasive Courtroom Storytelling (Part One)

January 31st, 2019|

Great trial lawyers are paid to tell stories for a living. Typically, one side’s recitation of a story is more persuasive than the other – even when both sides are drawing on the same set of facts. But why? Is it the charisma of the trial lawyer? Is it the way the story is told by both sides? Is it the deployment of superior litigation graphics by one side?  Well, it’s all these things – and more. Our litigation consulting firm is often engaged to help top trial lawyers tell their stories in the most persuasive way possible. We do

The Border Wall Funding Dispute Could Be Won with Pictures

January 11th, 2019|

No matter where you stand on the border wall dispute that has captivated the nation, you have to admit that it is an important debate. After all, $5 billion is a lot of money and who knows if the wall will really make a difference. But allowing between 200,000 and 2,000,000 people to easily enter the United States every year via the border with Mexico is probably not a good thing either. You probably just automatically identified yourself with one of those two previous sentences and took it as your position, right? The other sentence may have even made you angry

The Top 10 Litigation Articles of 2018

December 27th, 2018|

It's my eighth year writing an end-of-year top-10 style article. That feels pretty great because in that time, we have published more than 600 articles and A2L's Litigation Consulting Report blog has been visited one million times. Wow, right? While our blog readership continues to grow, we have also seen consistent growth in our litigation consulting business focused on jury consulting/mock trials, the creation of litigation graphics for experts and opening/closing statements, and providing in-court trial technicians. The world's top 50 law firms rely heavily on A2L when it comes to their most challenging cases, large-scale contract disputes, battles with

Proving Alternative Mesothelioma Causation in Talc Cases

December 19th, 2018|

A couple of years ago, I was involved in running a genetics conference focused on using genetics as a defense tactic in civil cases, much in the way that DNA evidence is used in criminal cases. I've been working with experts in this field ever since. A few months back, I wrote an article about the clever use by plaintiffs of litigation graphics and genetics in the baby powder (talc) cases (see Some Lessons for Defendants From the Talc Liability Trials), including a $4 billion verdict against a major talc manufacturer. When I write about various types of cases, I

The Similarities Between Jury Trials and Auditions on ‘The Voice’ – and a Key Difference

December 4th, 2018|

In a recent post here, I confessed my guilty pleasure: watching NBC’s hit reality singing competition, ‘The Voice.’ But I also acknowledged my frustration over the format: too much inconsequential fluff that’s got nothing to do with singing. For one thing, there’s the vapid bantering between the coaches and the inevitable and insincere implication that every pairing of performers compels a decision as agonizing as Sophie’s Choice. And then there’s the over-dramatization of many contestants’ personal stories that can feel a bit cringy when the judges purport to empathize with issues around, among other things, body image, bullying, sexual orientation,

What a Popular Reality TV Show Teaches Us about Jury Trials

October 29th, 2018|

Part 1 of a multi-part series. I have a shameful secret: I watch NBC’s ‘The Voice.’ In fact, to come entirely clean, I guess I should say, “I faithfully watch ‘The Voice.’” The revelation of this guilty pleasure would come as a surprise to people who know me because of both my specific contempt for “reality TV” and my more general disdain of formulaic dreck. Ironically, ‘The Voice’ is both – in spades. Apart from the musical performances, there is a surfeit of contrived drama: the competition and bantering between the judges, and the often cloying back stories of the performers.