Sidebar Ep 7: Are jurors seeing rigged systems everywhere?

October 24th, 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 7: Are jurors seeing rigged systems everywhere? appeared first on DOAR.

My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant?

October 23rd, 2018|Litigation Insights|

We at Litigation Insights sometimes worry that the common monikers for our profession such as “trial consultants” and “jury consultants” create the impression that a case needs to end up in trial for us to be of assistance.  Add in the fact that civil jury trials have been in steady decline [1] while alternative dispute resolution […] The post My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant? appeared first on Litigation Insights.

React to the #MeToo and #HimToo Scripts

October 22nd, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: I think it is now possible to divide the #MeToo movement, so far, into two phases: Pre-Kavanaugh and Post-Kavanaugh. The cultural phenomenon of women stepping up to hold sexual harassers and abusers accountable has hit a roadblock. If the charges against Harvey Weinstein was the movement’s Battle of Austerlitz, then the confirmation hearings for Brett Kavanaugh was their Waterloo. Christine Blasey Ford, and a number of other accusers, stepped up to air detailed and credible claims against the Supreme Court nominee, but in the end, it did not matter. And to say the country is split

Make It Chunky: Eight Best Practices for a Structure that Sticks

October 18th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: It is one of those factors of advocacy that is understood at a basic level, but not practiced at an effective level: Structure. Whenever you are verbally presenting — opening statement, closing argument, oral argument, CLE’s — organize your content into clear and discrete main points. Litigators know that, of course, since it was one of the central messages of your public speaking 101 class, and is reinforced in law school. Trial lawyers know they should be organized, but they don’t always know that this means conveying information in pieces — “chunks” in the vernacular of

Get it Right – The First Time & Every Time

October 18th, 2018|2's Company - Magnus Insights|

Not too long ago, I attended a lawyers’ luncheon at which the speaker was the president of the Florida Bar. He made a few comments about various challenges lawyers face with their clients, specifically, the expectation by the client that they essentially have all of the answers so that they get it right the first time, and every time. That’s a pretty tall order, but it sums up the expectations. In the types of high stakes cases in which we get involved, the pressure is on high for everyone! Good lawyers know there are limits to what they know and

Religious beliefs among Black men and women in the United States

October 18th, 2018|The Jury Room (Keene Trial Consulting)|

Pew Research has a new post up comparing the religious beliefs of Black men to those of Black women (as well as White and Hispanic men and women). We’ve written here about the roles of religion and race (and who you want on your jury when) a number of different times here. Most recently, we blogged on the religious practices of Black Americans when compared to White Americans.  Over time, Pew has developed a scale that considers four topics (i.e., frequency of prayer, belief in God, attendance at religious services, and the importance of religion in one’s life) to assess