Litigation Triangle

November 29th, 2017|Trial Technology|

Pick any two: Price, Quality, ServiceAlthough it would be difficult to nail down every litigation matter within the boundaries of the Project Management Triangle (see https://en.wikipedia.org/wiki/Project_management_triangle), there are certainly some grains of truth to be found.1. Price – The lowest bid wins!Unless you work for a government agency and are forced to award a contract to the lowest bidder regardless of qualifications and experience, this might not always be the best option. That’s not to imply you shouldn’t be cost-conscious, but there is a lot more to the game than who’s the cheapest you can find? If you’re just looking

The Top 21 Litigation Articles of 2017

November 29th, 2017|The Litigation Consulting Report (A2L Consulting)|

Every year going back to the start of this blog in 2011, I have paused to look back over the past 12 months of articles and see which were deemed best by our readers. Some articles have been read 90,000 times while others, often surprisingly, are only viewed a few dozen times. In this method of article ranking, every reader view is a vote. This year's top 21 list is consistent with recent years. Articles about storytelling and voir dire are the most read. The #1 ranked article, in particular, was very popular because it was not only about storytelling but

How a Cold-Hearted Bully Illustrates the Importance of Theme Development

November 28th, 2017|CourtroomLogic Consulting|

Remember when the name “Lance Armstrong” was synonymous with cycling, Tour de France, and über-athleticism? And remember how all that love came to a screeching halt in 2013 when Armstrong was essentially banned from competing in the sport for life due to his long history of using performance-enhancing drugs? What you may not remember is the post-doping lawsuits that were borne from various companies’ attempts to recover prize money, endorsements, and a host of other contractual issues. Enter: SCA Promotions, Inc. v. Lance Armstrong, et al. (DC-13-01564) in the 116th Judicial District Court of Dallas County, Texas. Although I did not personally

Think of it as “Mock Deliberations” Instead of a Mock Trial

November 27th, 2017|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. I had a very interesting experience recently on a case in New York. While we had worked with the client before, we had never worked with this particular group of attorneys. The stakes were significant and there were ongoing discussions about a potential mock trial. These discussions created an interesting dynamic where the client wanted to do a mock trial, but the client’s attorneys did not support the idea and questioned the value of such a project. Notably, the client, who we had worked with several times in the past, had never conducted a mock

Use "You" (Not "I" or "One" or "They")

November 27th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Persuasion is often a matter of overcoming barriers, and in the courtroom, those barriers can be very real. The wall of the jury box is a physical analogy for the differences in class, age, race, education, and many other factors that can separate the fact finders from the attorneys, the witnesses, and the parties. But beyond those demographic traits, distance can also be influenced by more subtle features of language. When the wording is dry, abstract, and depersonalized, it is more difficult to cross the bridge to jurors' understanding. It's better to be more direct. And

How Early-Stage Focus Groups Can Help Your Trial Preparation

November 27th, 2017|The Litigation Consulting Report (A2L Consulting)|

Many people are familiar with mock trials, which are full-blown exercises before a trial in which witnesses are presented and arguments made before mock jurors, who proceed to render a “verdict.” The results of mock trials, as we have discussed here before, can be extremely helpful to litigators who want to know how strong their case is, which arguments and testimony to pursue at trial, and which ones to forget about. As Slate magazine wrote in an illuminating article in 2005: Either side of a case can hold a simulated trial, and they're used in both civil and criminal cases.