Jury Consultant Advice: The Top 5 From The Advantage

February 22nd, 2019|The Advantage Blog - Tsongas Litigation Consulting|

Thank you to our long time readers of The Advantage Blog and welcome to our new readers. It’s always gratifying when we hear that a piece of advice we offer has stuck in the memory and practice of one of our clients. In this edition of The Advantage, I thought it would be useful to look back at our most popular posts and highlight the advice you’ve told us is worth an encore. The Advantage went digital in 2011after its previous 10 years in paper form. I’m listing the top five articles of all time based on readership. I did

Assess the Generation Gap In Your Intellectual Property Suit

February 21st, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Kevin Boully and Katerina Oberdieck: “Just because you came up with something doesn’t mean somebody else can’t come up with it, too. Don’t hate the player, hate the game.” Juror 12 makes his case: It isn’t fair to protect the Plaintiff’s claimed intellectual property. “But they were first,” Juror 17 responds, supporting the Plaintiff. Then, Juror 12 – a 19-year-old male – jumps in again,  “Anyone can come up with this thing, it’s nothing special.”  The mock jurors’ discussion is resolved with the conclusion that if the Plaintiff did not adequately prove the novelty and value of the claimed

10 Ways to Maximize Persuasive Courtroom Storytelling (Part 3)

February 21st, 2019|The Litigation Consulting Report (A2L Consulting)|

This article is the third in a series of four articles about courtroom storytelling (links to part 1 and part 2). My goal in this series is to reveal some of the tricks of the persuasive storytelling trade in one place for the busy trial lawyer. I hope that these recommendations can serve as a pretrial checklist for anyone who wants to draft an opening statement. A2L’s litigation consultants have published dozens of articles about storytelling, and we’ve released books and webinars on the subject. These ten tips represent the essence of what we have learned and of what we have taught.

4 Major Defense Weaknesses in Health & Safety Products Liability – Part 1

February 20th, 2019|Litigation Insights|

When it comes to medical and safety products liability, the defense is inherently at risk.  While we’ve basically seen it all from plaintiffs, where human safety is concerned, a defendant tends to be vulnerable to a common set of plaintiff arguments.  But under the circumstances, in some ways this is actually good news.  At least if you know what to expect from your opponent and from jurors, you can try to do something about it.  The best way to begin to counter weaknesses in litigation is first to understand why the weaknesses exist.  So, here in Part 1, we’ll take a look at the elements that combine to give plaintiffs such an advantage in these cases.  Then, in Part

4 Major Defense Weaknesses in Health & Safety Products Liability – Part 1

February 20th, 2019|Litigation Insights|

When it comes to medical and safety products liability, the defense is inherently at risk.  While we’ve basically seen it all from plaintiffs, where human safety is concerned, a defendant tends to be vulnerable to a common set of plaintiff arguments.  But under the circumstances, in some ways this is actually good news.  At least if you know what to expect from your opponent and from jurors, you can try to do something about it.  The best way to begin to counter weaknesses in litigation is first to understand why the weaknesses exist.  So, here in Part 1, we’ll take a look at the elements that combine to give plaintiffs such an advantage in these cases.  Then, in Part

Mastering Group Voir Dire: Tip 10—Don’t Let Jurors Hide

February 19th, 2019|Jury Research Blog (Jury Research Services)|

 February 19, 2019 Jeffrey T. Frederick, Ph.D. Mastering Group Voir Dire: Tip 10—Don’t Let Jurors Hide             So far, our Tips series has focused on setting the stage for effective voir dire (Tip 1; Tip 2; and Tip 3), capitalizing on open-ended questions to increase our understanding of jurors (Tip 4), avoiding the “looking good” bias (Tip 5), crafting questions with the “bad” answer in mind (Tip 6), using questions that contrast viewpoints or positions (Tip 7), the need to intersperse majority response questions to foster continued participation (Tip 8), and using the springboard method to encourage participation (Tip 9).