Don’t Expect to Overturn Verdicts by Targeting the Jurors

March 9th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Last week, I wrote about the defense team in the recent criminal case against Roger Stone, and their post-conviction focus on the alleged bias of the jury foreperson. More recently, I saw news of a parallel tack being taking by the former Hollywood producer Harvey Weinstein, following his conviction for sexual assault and rape. Based on a story in Law 360, the Weinstein defense is similarly taking aim at the alleged misconduct of a single juror. In this case, the team knew that Juror 11 was writing a book whose description includes a focus on “predatory older

Ask the Court to Help You Look for Stealth Jurors

March 5th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a focus of a recent post in this blog. As part of that pushback, we have seen some claims that she could have been a “stealth juror,” or an individual who purposefully answered questions so as to conceal views or experiences that could have kept her off the jury. Without commenting on the merits of that claim (the questionnaire responses have not been made

5 Reasons to Be Terrified of the Coronavirus (and 5 Reasons Not to Be)

March 5th, 2020|The Litigation Consulting Report (A2L Consulting)|

I love what we can do with data at A2L, particularly when we couple well-chosen words with well-designed litigation graphics. I think this area of our litigation consulting work is one place we add tremendous value. We can overplay a threat, or we can make something seem harmless. The latter is MUCH harder to do. Today, I'll focus on how one can use language and data to either inflame or calm your audience selectively. Why would you want to do this? Frankly, it's one thing trial lawyers and trial consultants do every day. Litigants on both sides of a case

Using Political Polarization to Your Advantage During Voir Dire

March 3rd, 2020|The Litigation Consulting Report (A2L Consulting)|

Happy Super Tuesday in a presidential election year. Conventional wisdom tells us that America is more divided than ever. I think that is overstating things, but people certainly do seem dug into their belief systems these days. No amount of facts, data, or education will cause some people to change their minds about certain topics. And this is a great thing -- IF you're involved in jury selection. The entirety of human knowledge acquired over the last 100,000 years can be accessed in seconds using a device you always have with you. But if you  believe something about carrying handguns,

Free Advice on Selecting a Jury

March 3rd, 2020|2's Company - Magnus Insights|

As a follow up to my previous post regarding my day of jury duty, this post will involve some free advice to attorneys. I rarely provide free advice, but my observations during my jury service warrant it. When the plaintiff’s attorney in the automobile accident case on which I was a prospective juror began to question me about my suitability as a juror in the case, the first question he asked me was whether I was critiquing his jury selection strategy. Both he and I knew the answer to his question was a resounding, “Yes, of course!”, however, I replied,

Use B.A.T.A. to Get Better

March 2nd, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: The art of training legal advocates has a long and honorable history. For example, the Socratic method used in law school is still an unbeatable way to teach critical thinking. But what about trial advocacy? On that score, many programs like NITA and some of our firm’s in-house programs have emphasized practice. At its best, that practice is conducted with actual mock jurors, and ideally, you want a systematic way of getting feedback from the mock jurors. Recently, I came across research pointing me to one tool that I’ve never used. It is called the  “B.A.T.A.”