Bring Your Jury to the Scene, Virtually

May 27th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Site visits can sometimes be a part of a criminal case — and predictably, jurors love them as much as school kids love field trips. It can also matter in civil cases, to see where the auto accident or the personal injury took place. But as helpful as these visits can be, they just don’t happen because it is an expensive endeavor. There is also a good chance that by the time we make it to the trial stage, the scene itself has changed; and in any case, the hazard, the body, and the wrecked car

The Major League

May 25th, 2021|2's Company - Magnus Insights|

My family is a baseball family. My dad, the late Park T. Pigott, Sr. played baseball, coached baseball, and generally speaking, lived much of his life for baseball. I am not usually fond of sports analogies, however, recent experiences with clients of Magnus Research Consultants have reminded me of baseball. Almost all of Magnus’ clients “play in the major league,” in that they are trial lawyers and litigators who are at the pinnacle of their legal career, with cases of a substantial magnitude that warrant retaining a trial consultant. Our most recent client, as one example, is a criminal

Presenters, Don’t Be Eclipsed By Your Screen

May 24th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: For more than a year, many of us have been presenting to audiences by Zoom or other web-conferencing platforms rather than presenting in person. Largely, the experience has lived up to the challenge, convincing many in the process that the online presentation is a viable alternative in handling the challenges of in-person presentations including facilities costs and travel. As a result, this may be one of those adaptations that, to some extent, stays with us after the pandemic. But let me share one gripe: When the speaker shares their screen, for example to show the slides, the

Persuading with Science in a Post-Fact World

May 20th, 2021|The Sound Jury Library (Sound Jury Consulting)|

We are living through a particularly difficult time for science. My colleague, Jill, has written in the past about the challenges of persuading juries in a post-trust/post-fact ecosystem. The politicization of fact is creating a notable backlash against expertise. Nowhere is this challenge more pronounced for trial teams than in cases that rely on scientific and technical data. This post-trust/post-fact ecosystem presents a serious threat to our ability to come to accurate conclusions that require someunderstanding of scientific or technical information. A 2017 National Academies Press study cuts to the core of the issue, noting that only 16% of Americans

Politics of Litigation

May 20th, 2021|2's Company - Magnus Insights|

Magnus is hired for many reasons. To evaluate the liability issues in the case. To assess the damages potential. To determine at whom to point fingers. To get a plaintiff to understand the realities of their case. To get a defendant to understand the realities of their case. Is it a case to try? Is it a case to settle? For insurance adjusters, how can I get my supervisor and her/his supervisor, to authorize settlement? Or, should we fight it at trial? Only in this last example, learned years ago, did I ever get an inkling of an idea

Reduce Resistance, Tell Stories

May 20th, 2021|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: In legal settings, the emphasis is often on the positive act of giving arguments and evidence for a given outcome: Share the proof and the reasons to believe, and let those appeals work their magic on your audience. But there is also a flip side to that. Persuasion can also be thought of as negating the reasons against your preferred outcome, or reducing the barriers that your fact finders might have and the obstacles that would make it harder for them to side with you. As I’ve written before, the first set of strategies are often