How to Deal With Bad Company Documents, Part 1: Voir Dire

June 29th, 2018|Litigation Insights|

Almost every case has one. Some cases have a few. And in mass tort litigation, they can follow a company around the country, affecting every case and never going away. Bad company documents are the bane of many trial attorneys’ existence. Whether it’s a poorly worded email, a bad test result, or a historical document […] The post How to Deal With Bad Company Documents, Part 1: Voir Dire appeared first on Litigation Insights.

Don’t Ignore the Elephant: The Manafort Juror Questionnaire

June 28th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: When your trial-bound case faces complexity, possible juror bias, or potential juror hardships — which is to say, when you have a trial-bound case — you could benefit from a supplemental juror questionnaire, particularly when the questionnaire is customized to the issues of the case and is administered and collected before you meet the potential jurors in court. The questionnaire can be key to focusing and streamlining the selection process, allowing you to learn more about the attitudes and experiences that would be shared on paper but not necessarily shared as fully in open court, and that

Checking the Price Tag

June 28th, 2018|2's Company - Magnus Insights|

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We have worked with hundreds, or perhaps thousands, of these types of buyers and they have methods they use as a part of their case evaluation to figure what they consider a “reasonable price” to resolve the case – that is, “buying” the claim. It may

Expect Jurors to Blur Facts and Opinions

June 25th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Lately, the nation has been divided, again, on a critical question of public policy. And, again, that division reveals some stark differences in the ways each side views the facts and understands the values at stake. This time, the issue involves the policy of forced family separation of undocumented immigrants, including those seeking asylum. To each side, it couldn’t be more clear. For supporters, it’s about enforcing the law and discouraging illegal immigration, and for opponents its about…not taking children away from their parents, particularly if they’re following the law in asking for asylum. But both

The Value of Serving a “Truth Sandwich” to Your Jurors

June 21st, 2018|The Sound Jury Library (Sound Jury Consulting)|

By Jill D. Schmid, Ph.D. Lately I’ve been following the debate about how the media should cover Trump’s statements – whether via Tweet, rally, official statement, or press “conference.” Much of the debate comes down to how to cover what he says without reinforcing the “incorrectness” of the statements. I wrote about Trump’s ability to control the narrative when he was campaigning in the GOP primary. What was true then, and now, is that the mainstream media hasn’t learned how to regain control of the narrative. Too much of the message is a nuanced attack on the “truthfulness” of the

Make it Hard on Yourself: Eight Ways to Make Your Mock Trial a ‘Worst-Case’ Test

June 21st, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: In the lead-up to a mock trial, the clients often and understandably hope for a win. After all, a win might help to steady their resolve and buttress their hopes heading into the courtroom. But you know what is even more useful than that? Actually learning something to help make your message better in trial is more useful. That doesn’t just boost your confidence, it boosts your actual chances for winning. That’s the reason I like to say that attorneys, clients, and consultants will learn more by losing their mock trials. In losing, you are going