Sidebar Ep 5: Has the MeToo movement affected juries?

August 29th, 2018|DOAR|

In DOAR’s web series “Sidebar,” Jury Consultant Roy Futterman, Ph.D. provides his insights, analysis and commentary on the state of the world from the intersection of the legal system, popular culture and the zeitgeist. Join us for a heady mélange of juries, judges, the nature of consciousness, physics, metaphysics, the multiverse, the Oracle at Delphi, edibles before dinner, something tangentially related to the law, and the illusory feeling of having a self, won’t you? The post Sidebar Ep 5: Has the MeToo movement affected juries? appeared first on DOAR.

Wake Up Call for Lawyers Going to Trial

August 28th, 2018|Legal Stage (Art of Communication)|

By Alan Blumenfeld Founding Director ACT of Communication     Over the past 42 years of working with lawyers, we’ve always focused on behavior. That is, what lawyers call demeanor and so much more. Your attitude, tone, ability to connect with all of the people in the room. This goes way past simple “eye contact”. Connection is about your passion for what you are saying and your honest ability to advocate, convey that passion…hand it over to your listeners. Judge or Jury. The recent trial of Paul Manafort is a perfect example of a situation where the lawyers were: well

Information Contamination in Bifurcated Trials: Friend or Foe?

August 27th, 2018|DOAR|

By Natalie Gordon, M.A., DOAR analyst Do you want the good news or the bad news first? We are all familiar with this phrase, and when we use it, it is because we are hoping the bad news will be mitigated by the good news. In other words, we want the positive feeling from the good news to spill over and lessen the blow of the bad news. Concerns about so-called “spillover effects” abound in the legal system. As a result, trial separation (“bifurcation”) is used in cases where evidence about one decision might bias a separate, but related decision.

Female Attorneys: Don’t Expect Anger to Work (as Well) for You

August 27th, 2018|Persuasive Litigator (Persuasion Strategies)|

by Dr. Ken Broda-Bahm: One way to stir up a controversy is to talk about the social expectations that apply to female litigators. The ABA Journal recently played host to that discussion after an article by Debra Cassens Weiss on showing anger in the courtroom quoted an essay in The Atlantic by former pubic defender and current law professor at the University of San Francisco, Lara Bazelon. Based on a review of the literature and interviews with many female trial lawyers, Ms. Bazelon shares her belief that a narrower range of acceptability actively limits what she can teach her female students in law school. Drawing from

Juror Explains Voir Dire Do’s and Dont’s

August 26th, 2018|Trial Technology|

During Voir Dire, jurors will be watching you like a hawk. photo © Ted BrooksIf you do jury trials, you're already familiar with the voir dire process and know how important it can be to your case. You can have a jury consultant assist with this process, or you might prefer to handle it on your own, but in either scenario it is the attorney who will be speaking with the jurors. While you might be chomping at the bit to get this trial started, the fact is that it has already begun. Don't ever take voir dire lightly - it is

Rebuttal: End With Your “Untouchables”

August 23rd, 2018|Persuasive Litigator (Persuasion Strategies)|

by Dr. Ken Broda-Bahm: The two terms are often used interchangeably, but “rebuttal” doesn’t mean the same thing as “refutation.” The latter amounts to an attack on the arguments of the other side, and the former means rebuilding your own arguments after they’ve been attacked by the other side. Trial lawyers have a practical understanding of that difference, especially as they prepare for the phase in advocacy that carries that name. In rebuttal, the focus is on spending time (usually not enough time) on mending the blows that the other side was able to inflict. Thankfully, that formal time called