Share the Stakes in Your Mock Trial

December 27th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  We know that once jurors make it through the gauntlet of jury selection and find themselves seated in the courtroom’s jury box, they’ll often be ennobled by their task and take it quite seriously. But consider the mindset of the mock juror. They’ve come in for a one-day project in a hotel or a one-way mirror research facility, and they know that it is an exercise, not a trial. That knowledge might make them casual. Knowing that their verdicts won’t actually take effect, they could treat the freedom at issue in a criminal trial as frivolous, and the damages

The Top 10 Litigation Articles of 2018

December 27th, 2018|The Litigation Consulting Report (A2L Consulting)|

It's my eighth year writing an end-of-year top-10 style article. That feels pretty great because in that time, we have published more than 600 articles and A2L's Litigation Consulting Report blog has been visited one million times. Wow, right? While our blog readership continues to grow, we have also seen consistent growth in our litigation consulting business focused on jury consulting/mock trials, the creation of litigation graphics for experts and opening/closing statements, and providing in-court trial technicians. The world's top 50 law firms rely heavily on A2L when it comes to their most challenging cases, large-scale contract disputes, battles with

Origin of the Jurors

December 27th, 2018|2's Company - Magnus Insights|

Mock jurors may seem like a species unto themselves, but, when properly recruited, they are everyday people who are representative of the trial venue. Following the post on why Magnus controls research videos, I am commenting on the origin of the mock jurors because of another subtle detail I picked up recently in reading a competitor’s proposal. I’ll add, “Where do you get your mock jurors?” is #1 our all time frequently asked questions list. Therefore, the topic is appropriate for discussion of best and worst practices in recruiting. Magnus is, or I should say, Melissa is, a stickler for

Guitar techs versus luthiers

December 25th, 2018|2's Company - Magnus Insights|

I have been playing the bass guitar for almost 20 years and I am the proud owner of several bass guitars. I am not a collector; all of my basses are for my playing pleasure. As with many things in life, from time to time, one of my basses needs to be repaired, as was the situation recently. I have spent a lot of time around musicians, mostly guitarists; guitar techs; music store staff members; owners of music studios; etc. but I know only one luthier. For those who do not have any idea what or who a luthier is,

Twas the Night Before Trial

December 24th, 2018|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Twas the night before trial, when all through the office, No settlement was stirring, so the war room was raucous;   The filings were all filed with the court clerk with care, In hopes that the judge would finally be fair.   Trial counsel then nestled all snug in their beds, While visions of summary judgment danced in their heads.   When from the alarm clock there arose such a clatter, Lawyers bounded from beds with notes in a scatter.   Away to the courthouse, they fly like a flash. To see the venire, and strike

Have a Heart: How to Tread Carefully into Sensitive Topics

December 22nd, 2018|The Advantage Blog - Tsongas Litigation Consulting|

A recent episode of This American Life, entitled “The Unhappy Deciders,” described a man named Sven’s experience serving on a jury charged with deciding whether a defendant deserved life without parole or the death penalty. There was no doubt about the defendant’s guilt for robbery and murder – the only question was whether he should live or die for his crime. Eleven of the twelve jurors felt strongly the defendant deserved the death penalty; Sven was the lone hold-out in favor of life without parole. His youth and non-confrontational nature stopped him from going against the group and he voted for the