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The Red Well – Page 2 – The Blog Aggregator for Views on Litigation Persuasion

Learn From (the Lack of) Civil Trial Movies

April 17th, 2017|Persuasive Litigator (Persuasion Strategies)|

by Dr. Ken Broda-Bahm:  Movies about courtroom trials are enjoyed by lawyers and the general public alike. The genre has earned its place among the classics with titles like To Kill a Mockingbird, 12 Angry Men, Witness for the Prosecution, Inherit the Wind, and even My Cousin Vinnie. But there is one commonality in all of those movies: They focus on criminal trials. While there are a handful of films that focus on civil litigation -- Philadelphia, Runaway Jury, or The Verdict -- they are far fewer in number, and none have reached the same level of pop culture familiarity. Taunya Lovell Banks, Professor at the University of

Four Design Strategies to Bring Your Timeline to Life

April 15th, 2017|The Advantage Blog - Tsongas Litigation Consulting|

Among the requests for demonstrative exhibits, timelines rank among the most frequent. This makes sense given that most of the stories attorneys tell are chronological. Timelines are a great tool for laying out the facts of a case in a linear fashion. But I see many missed opportunities when timelines are laid out in the typical fashion – a text event connected to a time bar with a line (called a “flag”). Often there are so many timeline entries that the landscape becomes overloaded with “flags” and the story gets lost. When creating a timeline, think about a design strategy

Best Impeachment EVER!

April 14th, 2017|Trial Technology|

LitigationWorld: Micro-Symposium on Valuable Lessons From Memorable Trials All trials have moments of drama from which litigators learn valuable lessons. This issue of LitigationWorld features a micro-symposium with six such lessons. These memorable trial events and resulting tips from Ted Brooks, Karen Koehler, Benjamin G. Shatz, Neil J. Squillante, Thomas H. Vidal, and Edward Zohn encompass courtroom decorum, direct testimony, cross examination, demonstrative evidence, impeachment, and trial strategy. (This was first published on Technolawyer's LitigationWorld newsletter. I have shared my contribution below, and would be happy to forward a copy of the entire newsletter email upon request. Email requests to tbrooks@litigationtech.com). Ted

8 Strategies When Winning Means Losing the Least Money

April 13th, 2017|The Litigation Consulting Report (A2L Consulting)|

by Ken LopezFounder/CEOA2L Consulting The best defense lawyers come to A2L with their toughest cases. This means that some of the cases that arrive on our doorstep are essentially unwinnable. Although the trial team won't often directly say so, they will say, “The client considers a plaintiff's verdict for anything between zero dollars and XYZ dollars a win." In these cases, typically, there is no good settlement position. Our company is highly focused on winning cases. We just love doing it, and it is central to our culture. So it can be a tough adjustment for our team and our

Ask About Others

April 13th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  In voir dire, the whole point is to find out information about the potential juror. When you're seeking out experiences or attitudes that you might use to warrant a strike or to mount a challenge for cause, you care about what that individual thinks, not about what anyone outside the courtroom might think. But it can be a great strategy to ask those venire members what they think others think. Why? Because people will sometimes externalize their own opinions or experiences. For example, awhile back I wrote about the 2014 election for Scottish independence. The polls that asked individuals for their own votes were off

Window of Opportunity for Trial Consulting Work

April 13th, 2017|2's Company - Magnus Insights|

Recently I’ve received calls from attorneys who wanted mock jury research on their cases, but the calls have come so late that I have been reflecting on when the window of opportunity is open for mock jury research. I have mentioned this issue in other posts, but because I’m noticing this recent spate of last minute calls, I thought it deserved more discussion. The truth is, to some degree, as long as the case has not started trial, there MAY be some value to even last minute work. I say “MAY” because, when the call is a week or so