Speak to the Personal Responsibility Divide

September 19th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: On one end of the spectrum, there are specific beliefs jurors might hold on an issue. More generally, then there are attitudes that cover and predict many of those different beliefs. Even more generally, there is the constellation of attitudes that would be called a worldview. And then, if you really want to dive into German philosophy, there’s the “WeltenSchauung,” which is not just a worldview, but is the worldview that an individual would use to explain essentially everything as well as their own standpoint within it. While I am not sure it goes to the full Kantian

“What’s the next case going to be?”

September 19th, 2019|2's Company - Magnus Insights|

Glass laminates, carpet glue, yacht paint, windshield wiper technology, medical negligence, accounting malpractice, legal malpractice, burns, brain damaged babies, dog bites, hurricane damage – to coffee, hurricane building damage, construction defects, government taking of land (eminent domain), murder, rape, cruise ship based crimes, cruise ship excursions gone wrong, toxic chemicals, environmental damage, celebrities accused of acting badly, sick buildings, automobile vs. automobiles or trucks, motorcycles vs. cars or trucks, hearing loss, fires, nursing home deaths, artificial insemination gone wrong, stock broker misconduct, and medical experimentation. What these all have in common is that they are a sample of the types

What’s the Best Presentation Software for Presenting Documents at Trial?

September 19th, 2019|Litigation Insights|

We often get questions about what presentation software to use for presenting documents at hearings, arbitrations, and trial. As is so often the case, using the tool best suited for the situation can really make a difference in the outcome – and the wrong choice can leave you holding a stick in a sword fight. Attorneys have a lot of options when it comes to presenting documents in the courtroom. But when it comes to your main workhorse software, the decision is usually between general presentation software like PowerPoint, and more specialized software like Trial Director and OnCue.1 Neither tool

Six “Talk Triggers” for Jury Deliberations

September 18th, 2019|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. Why do jurors talk about some testimony in deliberations, but not other testimony? Why do jurors start deliberations by talking about an issue that is not related to the first verdict form question? Why do they seem to want to talk about the one thing you repeatedly told them was irrelevant? These are important questions, and the answers may help attorneys exert greater control over what jurors spend their time talking about in deliberations. The strategic advantage that would come from this is difficult to overstate. After all, the cliché in our field is that

Hiring an Unqualified Consultant is Like…

September 17th, 2019|2's Company - Magnus Insights|

As I write this, David is attending a series of out of town marketing meetings. David is meeting with clients, as well as with prospective clients, in the never ending task of obtaining new business for Magnus. Even though my career is nothing new and I have been working in the field of litigation consulting for 30 years, I am constantly amazed at the absence of sophistication of some attorneys when it comes to hiring a jury/trial/litigation consultant. When scheduling a meeting with one prospective client, David was quickly dismissed with the statement, “I’m happy with my current consultant.” This,

Take It Seriously: Potential Jurors Cannot Self-Diagnose Their Bias

September 16th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: As I’ve written before, it is never safe to trust a potential juror’s own opinion about whether they are biased or not. That is because there has never been much support in the social science for that ability to self-diagnose. That, of course, has not stopped self-diagnosis from being the courts’ most common assumption in voir dire. Somewhat recently, the U.S. Supreme Court, in the case of Skilling v. U.S., has reinforced that the proper and reliable way for trial courts to uncover bias is the simple way: ask them. As an earlier decision held, “It