Making Your Expert More Memorable and Understandable Through Visuals

August 5th, 2017|The Advantage Blog - Tsongas Litigation Consulting|

I remember when I made the transition from student to teacher how excited I was to have the opportunity to instruct students the way I thought they really wanted to be taught – by presenting interesting lectures from which they could learn. How did I know that students wanted to learn that way? Because that is how I liked to learn, and I figured everyone else was the same. After my first quarter, I mentioned to my wife-to-be the struggles I was having connecting with students. I told her my theory about how (I thought) students wanted to learn. Since

I Could Be Wrong: Cultivate Intellectual Humility

August 3rd, 2017|Persuasive Litigator (Persuasion Strategies)|

by Dr. Ken Broda-Bahm:  Among the readers of this blog, there are a few people who write to me and let me know what they think about various posts. Sometimes it is to applaud a post, or to share an example where they've faced something similar. And sometimes, it is to take issue with what I've written. I appreciate that. It's actually one of the benefits of blogging: The chance to interact over something substantive, and the chance to sometimes learn that I'm wrong. And I try to be open to the possibility. I believe what I write, and that's why

It doesn’t cost, it pays.

August 3rd, 2017|2's Company - Magnus Insights|

I was speaking with someone recently who was lamenting about how cost is a factor in decisions, sometimes, with a penny wise and dollar (pound) foolish approach. This person quickly related a story about when he was buying a piece of equipment for his office and asked what it cost. The astute salesperson said, “it doesn’t cost, it pays…” I like that! (And, I told my new acquaintance that I was going to appropriate it for this post.) That is exactly the message I try to share with prospective clients. The cost of mock jury research (or whatever we are

What Should I Do When My Witness Wants to Outsmart Opposing Counsel?

August 3rd, 2017|Litigation Insights|

In my career, I have never seen jurors give a witness in a mock trial as low an evaluation score (1.3 out of 7) as one witness we encountered named Tim.  In fact, one of my fellow consultants on the project confessed, “I once worked on a case that involved [an accused] child molester.  The […] The post What Should I Do When My Witness Wants to Outsmart Opposing Counsel? appeared first on Litigation Insights.

Innovating For Wise Juries: Closing Argument

August 2nd, 2017|DOAR|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the 10th and final piece in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week, we have offered a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. These innovations have been proposed by academics and practitioners, implemented by state and federal judges, and are not prohibited in most jurisdictions.

Know the Five Qualities of a Great Trial Team

July 31st, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Most of the civil cases we work on are big cases. It's not a lone lawyer with a briefcase, it is a team: several senior attorneys, associates, paralegals, and in-house counsel. That's the team that needs to work together through the long haul of the lead-up to trial, and that's the team that needs to wrestle with the difficult strategic decisions on whether and how to proceed and prepare. Some parts of that team are forced together, but other parts, especially the parts on the law firm side, are the products of the choices made by the