Juror Complaints Mirror Judge Complaints

August 8th, 2019|The Sound Jury Library (Sound Jury Consulting)|

By Jill D. Schmid, Ph.D. I was recently reading an article that was published a few years ago in our local bar journal about the common pet peeves of our local judges here in Portland, Oregon.  As I read the list, I was struck by the similarities to what jurors say are their top pet peeves. As a trial consultant, I’ve interviewed jurors for post-trial debriefings, shadow jurors, mock jurors, and watched and listened to jurors in countless jury selections. With this background, below is a list of what I’ve consistently heard from jurors; not surprisingly, what irks judges also

Learn from TED: Present Your Best in Front of Large Audiences (Part One)

August 8th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: In a fast-paced technological age, it is refreshing that the simple act of a person giving a speech still has some legs. The “TED Talk” formula of an 18-minute presentation continues to be popular, with more than 2,500 official TED Talks and nearly 100,000 talks in the affiliate “TEDx” network, these presentations are collectively watched more than 1.2 billion times a year. Given the flourishing of this format, I figured that TED talks might have some lessons for lawyers presenting CLE’s or otherwise speaking in front of large audiences. For the past few weeks, I have

Practice Prebunking

August 5th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: In our age, the social networks and airwaves are awash in fake news and rumors of fake news. In that context, it seems, people respond by seeking refuge in their own fortresses. That means doubling down on their core ideological beliefs and rejecting anything that comes from a different perspective. As I’ve noted before on these pages, we are in a new frontier for persuasion. With people being so dug-in, and with the sources that would in normal times serve as a check on what is true and false being so distrusted, is there any hope

10 Practical Strategies for Changing Jurors’ First Impressions

August 1st, 2019|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. and Scott Herndon, M.A.  In 2016, Oxford Dictionaries chose “post-truth” as its word of the year. It defined it as “relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief.” This concept has long been recognized in the fields of psychology and persuasion. Research has consistently shown that people tend to put beliefs before facts. In other words, decision-making often starts with what we want to believe, followed by efforts to seek out evidence that confirms what we want to believe, while

Identify the Four Tracks of Personal Responsibility

August 1st, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: The divisions in this country are not just political, they also relate to attitudes toward responsibility. In a survey and study that Persuasion Strategies conducted this past month (July, 2019), we asked respondents about their views of individual versus collective responsibility. In response to a question that offered two choices on how they see the needs of America today, the collectivist view (“Society needs to do more to ensure people’s well-being”) garnered 52 percent of the support, while the individualist view (“People need to take more responsibility for their own well-being”) received 48 percent. That is

How much risk can you take off the table?

August 1st, 2019|2's Company - Magnus Insights|

A recent lunch with a client involved an interesting discussion of how to convince “end” clients to spend money on mock jury research. For those who don’t know, in some cases, the lawyers advance the expenses, including expenses for things such as mock trials, and in others, they expect the actual client, the “end client,” whether an individual, corporation, or insurance company, to advance those expenses. Our discussion involved a reality of litigation such as there are many variables which affect case outcome. These “risk” factors can be things like the likability of the parties involved on either side, the