Recognizing Strengths in the Other Side’s Case Might Make You More Persuasive
Most litigators cringe at the idea of recognizing strengths in the other side’s case (or weaknesses in their own). It doesn’t seem right. Instead, it seems like a recipe for disaster, an acknowledgement that the other side might have a strong case. However, research suggests that recognizing the strengths of the other side’s arguments (or the weaknesses in your own) actually increases your persuasiveness. I went looking for this research after a recent experience in Seattle, Washington. The plaintiff attorney in this case chose to remain silent on a couple key weaknesses in his case. He didn’t even acknowledge them
Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial
By Dr. Ken Broda-Bahm: Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers refer […]
(Safely) Combat Safety Absolutism
By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands unrealistic standards when it comes to protecting customers, patients, and the general public. The name, I think, might be a little deceptive, because it isn’t […]
Does attorney attractiveness influence judicial decision-making? | Online Jury Research Update
Physical attractiveness is one of the most common cues used when people make decisions about everything from employment (hiring, promotions, compensation) to education (grades, attention from teachers) to medicine (attention from doctors, healthiness, trustworthiness) to elections (electoral success)... Nicholas Waterbury (2024) examined the success of physically attractive non-government ("opposition") attorneys arguing against US government attorneys in U.S. federal court. A dataset was created of all orally argued cases at the US Courts of Appeals from 2017 to 2019 in which the US government was a party. The dataset included 1,067 unique cases, 930 unique opposition attorneys representing clients litigating against
USA v. Apple 2024: Why Apple Would be Wise to Settle This One
During his lifetime, I often reached out to Steve Jobs, the ex-CEO and co-founder of Apple, seeking business insights. While he never replied, I always sensed a shared perspective. I am confident that his guidance would have always emphasized the importance of prioritizing quality to attract the ideal clientele. This principle held true during the inception of Animators at Law, which later evolved into A2L Consulting and now continues as Persuadius. My deep-rooted admiration for Apple dates back to before the groundbreaking launch of the Mac in 1984. Through thick and thin, my unwavering love for Macs and the company
Defense Opening: Repair Credibility First
By Dr. Ken Broda-Bahm: In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme verdicts. The approach outlined in the book Nuclear Verdicts by Tyson & Mendes partner […]