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The Red Well – Page 3 – The Blog Aggregator for Views on Litigation Persuasion

Should My Client Say “I’m Sorry”?

April 12th, 2017|Litigation Insights|

As a corporate defendant, does it help or hurt to apologize for past conduct?  Does it show weakness?  Fault?  Honesty?  Sincerity? Well, it all depends on the case.  Just take a look at mock jurors’ very different reactions to two different defendants saying, “We’re sorry.” Juror A:  “They have done nothing to address the problems […] The post Should My Client Say “I’m Sorry”? appeared first on Litigation Insights.

A Jury Consultant Reviews ‘You, The Jury’

April 10th, 2017|DOAR|

Roy Futterman, Ph.D. In this Law360 article, DOAR’s Jury Consultant and Psychologist reviews the new Fox show “You, The Jury”.     When a television show like “You, The Jury” appears, in which millions of home viewers vote on the verdict in a murder trial, a few questions might come to mind. “Have we reached the last days of the Roman Empire?” perhaps, or the more modern “How close are we to the Purge?” As a jury consultant, I am going to focus on a narrower but important question: How might this wacky show affect actual jurors? The Mega-Mock Trial

Visual Storytelling at Trial: The Judges’ Perspective

April 10th, 2017|The Litigation Consulting Report (A2L Consulting)|

by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting I recently had the opportunity to make a presentation at a federal judges’ conference in New Jersey that brought together judges and lawyers from that state. About 300 lawyers attended, as did about two dozen federal judges. The subject of my presentation was storytelling and its role in trials. After my presentation was over, I informally polled the judges in the room on their views concerning the importance of visuals at trial and the role of storytelling. Every single one of the judges, with the possible exception of one bankruptcy judge, indicated that

Expect Reptiles to Invade New Habitats

April 10th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  On the defense side of the bar, attention has been exploding over plaintiffs' Reptile approach. If you Google "Reptile" and "Litigation," you'll see a profusion of articles. But so far, at least, the strategy of leveraging the perceptions of "safety" and "danger" has been the subject of attention from a subset of defense lawyers: those who deal with death and injury focused on the human body, including personal injury, medical malpractice, workplace safety, and products liability. For litigators who don't generally defend these kinds of cases, the plaintiff bar's strategic focus on "the reptilian brain," can seem like something from an

Which science is most “certain” according to the American public? 

April 7th, 2017|The Jury Room (Keene Trial Consulting)|

When litigation cases rely on science or highly technical information, it is critical to help jurors understand the information underlying the case at a level that makes sense to them. If they do not understand your “science”, they will simply guess which party to vote for or “follow the crowd”. Here’s an example of what happened when scientists “followed the crowd” to see what fields of science were seen as most precise (and therefore reliable). You can see from the graphic illustrating this post that too many people are watching CSI shows on TV. When forensic science is more “certain”

Does Court-Provided Audiovisual Equipment Help or Hinder?

April 7th, 2017|Litigation Insights|

Courtrooms new and old across the United States are being outfitted with some of the latest audiovisual equipment.  Lots of time and money have been spent planning the best equipment to install, where to install it and how the judge will control it. With that said, the setup is often designed around the judge’s view […] The post Does Court-Provided Audiovisual Equipment Help or Hinder? appeared first on Litigation Insights.