Give the Jurors What They Want: 10 Golden Rules

May 14th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: The jurors have made it through the trial, reached their verdict, received their thanks, and are headed to the exits. How do they feel about their experience? What do they think the lawyers did well, and what do they think the lawyers could have done better. Chances are, we can make an educated guess: Their feedback would relate to the fundamentals, and wouldn’t be anything particularly earthshaking. Still, it is good to ask, and still it is critical for even experienced litigators to pay attention and to take this feedback seriously. Aiding that effort is a

Commitment Effects, Part 2: Does Allowing Juror Discussion Prior to Deliberation Affect Their Decision Making?

May 11th, 2018|Litigation Insights|

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.

Witness Preparation: Teach the Second Level of Response

May 10th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:In the game of chess, the difference between a novice player and an experienced player can be boiled down to two words: thinking ahead. The experienced player doesn’t just move their piece’s toward the opposing king. The experienced player tests each possible move and anticipates what the other player will do in response to that move. Witness testimony, of course, isn’t a chess game: The goal is to effectively and efficiently tell the truth, and not to match wits with the other side. But on that one feature, there is a parallel: The effective witness also thinks

Mastering Group Voir Dire: Tip 7—Contrasting Important Viewpoints Within the Same Question

May 8th, 2018|Jury Research Blog (Jury Research Services)|

May 8, 2018 Jeffrey T. Frederick, Ph.D.             So far, our Tips series has focused on setting the stage for effective voir dire (Tip 1; Tip 2; and Tip 3), capitalizing on open-ended questions to increase our understanding of jurors (Tip 4), avoiding the “looking good” bias (Tip 5), and crafting questions with the “bad” answer in mind (Tip 6). Our next tip addresses asking questions that contrast important positions within the same question. (Click here to see a short video for this tip.) Contrasting Viewpoints or Positions             The primary goal of voir dire and jury selection is to

Trial Lawyers, Relinquish the Clicker

May 8th, 2018|The Litigation Consulting Report (A2L Consulting)|

It’s a phenomenon that I’ve seen countless times – renowned first-chair trial lawyers seeking to maintain hands-on control of their trial presentation by literally holding on to the clicker. Unfortunately, despite these lawyers’ sometimes desperate efforts to keep control, something almost always goes wrong in these situations. For example, lawyers can lose track of their place and get ahead of their presentation in PowerPoint or another form of presentation software. They can try to go back a slide or two and find that they can’t get back. They can even click around so wildly that they crash the software during

Where do your jurors get their news and does that information  teach you?

May 8th, 2018|The Jury Room (Keene Trial Consulting)|

We have all suspected that the use of traditional news sources (like TV news programs) is declining and a new Pew Research survey (as well as our own pretrial research) shows that to be true. Here are a few of the latest Pew findings:  Just 50% of US adults get their news regularly from television (down from 57% in early 2016).  While local TV news has declined the most in viewership, it still has a larger audience than either network or cable TV news shows.  There is a strong relationship between age and TV news habits. As you may have