5 Tips for Complying with EDTX Standing Orders on Jury Research

March 15th, 2017|CourtroomLogic Consulting|

Our last post addressed the standing orders in the Eastern District of Texas pertaining to jury research and good-old-fashioned Googling. Some have expressed frustration; others have simply abandoned their hopes for gathering feedback or intel on prospective jurors. This post will focus on the standing orders pertaining to pretrial research. In my opinion, none of them grossly limit a trial team’s ability to conduct focus groups, mock trials, community attitude surveys, or any other sort of pretrial research. You simply have to be aware of the orders and conduct your research within the parameters. But first you may be asking yourself, “Why do the orders exist

So…how do you see or hear “smart” in voir dire? 

March 15th, 2017|The Jury Room (Keene Trial Consulting)|

After we published that “molecular genetics overlap” post showing curiosity is found in smart people—one of our readers asked exactly how you “see” smart during voir dire. The question was posed on Twitter but the answer is not exactly expressed in 140 characters—so we’re doing it here. Among other things, we made these comments in that post: All we need to do is look to see who is smart and we will then know we can select curious jurors (while considering whether our client’s case benefits from higher levels of intelligence and curiosity). And, as we often say to our

A Millennial Could Be Your Next Jury Foreperson

March 15th, 2017|Litigation Insights|

Millennials – the generation born between roughly 1980 and 2000 – are showing up in large numbers to perform their civic duty.  In fact, this year alone we’ve had several trials in which the post-hardship jury pool was nearly 50% or more Millennial after hardships.  More importantly, in two very recent trials, a Millennial served […] The post A Millennial Could Be Your Next Jury Foreperson appeared first on Litigation Insights.

Redefine Race

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

By Dr. Ken Broda-Bahm:  The racial composition is probably one of the first things we notice when venire members file in before jury selection. When recruiting for a mock trial, we will try to match the composition of the venue. Along with other demographics, race is not nearly as predictive as some might think. As a result, race is not used by trial consultants nearly as much as some critics of the field would think. Still race is part of the overall picture of knowing your trial venue, a salient aspect of one's lived experience; and race is changing. That occurred to me at a recent mock trial

Still Think Persuasion is About Talking While Showing Bullet Points?

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

by Ken LopezFounder/CEOA2L Consulting We recently asked three top trial lawyers about what makes them so successful in the courtroom. They are quite a successful trio. One of them is Bobby Burchfield of King & Spalding, whose bio notes, “Mr. Burchfield has never lost a jury trial.” That's an especially impressive track record as he's been in practice more than 30 years. So what does winning take? Well, as we saw in previous clips from the same interviews, these trial lawyers believe, as we do, that storytelling is at the heart of building a successful case. Furthermore, as all demonstrative evidence

Identifying deception when the witness wears a face-covering veil

March 13th, 2017|The Jury Room (Keene Trial Consulting)|

In 2014, we wrote about research investigating how people felt when a witness wore a veil such as some forms of a hijab or a niqab. Here were some of the findings we described in that research. We’ve written a number of times about bias against Muslims. But here’s a nice article with an easy to incorporate finding on how to reduce bias against your female client who wears a Muslim head-covering. (In case you have forgotten, we’ve already written about head-coverings for the Muslim man.) The graphic illustrating this post shows the variety of head-coverings Muslim women might wear