The Importance of Graphics as Courts Shift to Telephonic Hearings

March 19th, 2020|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. How do you start a blog about what we are all going through right now? Most of us have never experienced anything like this before and making the adjustments that we are being asked to make is difficult at times. I was telling my kids earlier today that I am not sure everyone in our household is going to survive this pandemic and that has nothing to do with Coronavirus. Different parts of the United States seem to be adjusting in different ways based on the number of cases in that particular area. In Seattle,

Keep Learning While Your Case Is in Limbo: Seven Ways to Use the Pause

March 19th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo. As that happens to your own once trial-bound cases, you think, “What now?” What do you do with the time that you now unexpectedly have as your case is put on pause? Clients will often issue a “Stop work” notice, thinking, “Let’s put a pin in it, package everything so it’s fresh, then revisit the situation down the road, closer to the new date.” Limiting the expenses is,

Trial Team Crew

March 19th, 2020|2's Company - Magnus Insights|

Once again, I was reminded about the people who support the lead trial attorney. The lead attorney and 2nd chair attorneys get the attention, like the rock star. Like Ozzy, Mick, or Geddy, who are lead singers, the lead attorneys are in the spotlight (or hot seat). But, behind them, there is often a small army, or at least a platoon. The associates, paralegals, assistants, secretaries, receptionists, IT staff, and experts, consultants and many others work in support roles to assist the lead attorney in all aspects of litigation. As trial consultants, we depend on various parts of this army

Expect Some “Terror Management” in any Juries that are Still Going to Court

March 16th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: As the Coronavirus spreads, and mock trials are being rescheduled, many courts are restricting operations or shutting down completely, and people are rapidly adapting to a new normal of restricted events and “social distancing.” So, what’s with the run on toilet paper? Partly, you could say it is a rational response to the fact that we might be in our homes for some time, and partly, it is simply because everyone else is doing it and no one wants to be the last one to stock up. But, more broadly, the hoarding could be seen as

A Piece of Paper, a Feather… Combating Plaintiff Attorneys’ Interpretation of Burden of Proof

March 16th, 2020|Litigation Insights|

The plaintiff attorney throws a ream of printer paper down on the table in front of the prospective jurors, and grabs an extra piece of paper from elsewhere, holding it up. “This ream of paper represents evidence, and our burden of proof,” she exclaims. “We have to prove our case by a preponderance of the evidence; so if this ream of paper is 50%, we just need one piece of paper more” – and she sets the single sheet on top of the ream. Here is where you object! If not, here is how the plaintiff attorney continues: “We only

Learn from “Joe-mentum”

March 12th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: A few weeks ago, presidential primary candidate Joe Biden seemed to be on his way to a quick exit from the race. He didn’t have the crowds, didn’t have the stand-out debate performances, and most importantly, didn’t have even a top-three finish in the early primaries and caucuses. But then came a strong performance in North Carolina and then a dominant performance on both Super Tuesdays. As of this writing, he has all but cleared the field and wrapped up the Democratic nomination. Where Biden had been seen as low in voter enthusiasm, especially in contrast