Archives – The Red Well

Recognizing Strengths in the Other Side’s Case Might Make You More Persuasive

April 8th, 2024|

Most litigators cringe at the idea of recognizing strengths in the other side’s case (or weaknesses in their own). It doesn’t seem right. Instead, it seems like a recipe for disaster, an acknowledgement that the other side might have a strong case. However, research suggests that recognizing the strengths of the other side’s arguments (or the weaknesses in your own) actually increases your persuasiveness. I went looking for this research after a recent experience in Seattle, Washington. The plaintiff attorney in this case chose to remain silent on a couple key weaknesses in his case. He didn’t even acknowledge them

Know the Right N: How Participant Numbers Influence the Value of Your Mock Trial

April 2nd, 2024|

By Dr. Ken Broda-Bahm: Your typical mock trial might involve three juries, with a total of 30 or so mock jurors. The typical public opinion poll run by an organization like Gallup, however, can involve more like 1000 participants. So what is the disconnect when it comes to sample size, the variable that researchers refer […]

(Safely) Combat Safety Absolutism

March 26th, 2024|

By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands unrealistic standards when it comes to protecting customers, patients, and the general public. The name, I think, might be a little deceptive, because it isn’t […]

Does attorney attractiveness influence judicial decision-making? | Online Jury Research Update

March 23rd, 2024|

Physical attractiveness is one of the most common cues used when people make decisions about everything from employment (hiring, promotions, compensation) to education (grades, attention from teachers) to medicine (attention from doctors, healthiness, trustworthiness) to elections (electoral success)... Nicholas Waterbury (2024) examined the success of physically attractive non-government ("opposition") attorneys arguing against US government attorneys in U.S. federal court. A dataset was created of all orally argued cases at the US Courts of Appeals from 2017 to 2019 in which the US government was a party. The dataset included 1,067 unique cases, 930 unique opposition attorneys representing clients litigating against

USA v. Apple 2024: Why Apple Would be Wise to Settle This One

March 21st, 2024|

During his lifetime, I often reached out to Steve Jobs, the ex-CEO and co-founder of Apple, seeking business insights. While he never replied, I always sensed a shared perspective. I am confident that his guidance would have always emphasized the importance of prioritizing quality to attract the ideal clientele. This principle held true during the inception of Animators at Law, which later evolved into A2L Consulting and now continues as Persuadius. My deep-rooted admiration for Apple dates back to before the groundbreaking launch of the Mac in 1984. Through thick and thin, my unwavering love for Macs and the company

Defense Opening: Repair Credibility First

March 20th, 2024|

By Dr. Ken Broda-Bahm: In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme verdicts. The approach outlined in the book Nuclear Verdicts by Tyson & Mendes partner […]

9 Hidden Skills of Trial Technicians and Hotseaters You Never Knew About

March 19th, 2024|

As a trial lawyer or someone working close to one, you may already be familiar with trial technicians and hotseaters. These professionals provide essential technical support during trials, ensuring everything runs smoothly. They usually sit adjacent to counsel's table and run your trial presentation, including the displays of exhibits and demonstrative evidence. However, you may not know that trial technicians and hotseaters possess a host of hidden skills that go beyond their technical capabilities. Here are some of the hidden skills of trial technicians and hot seaters that you never knew about: 1. They Dress Appropriately If you are in

Be Ready for a Reptile-Reboot

March 12th, 2024|

By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by defendants, it has been the North Star for many on the plaintiff’s […]

Litigation Graphics: A Game-Changer in the Courtroom

March 7th, 2024|

Discover how utilizing litigation graphics can significantly impact the outcome of a trial and captivate the jury's attention. The Power of Visual Communication in the Courtroom In the courtroom, visual communication plays a crucial role in presenting complex information in a clear and compelling manner. By using litigation graphics, attorneys can effectively convey their arguments and evidence to the jury, helping them understand the case more easily. Visuals have a powerful impact on human perception and memory. Studies have shown that juries remember information better when it is presented visually rather than verbally. This makes litigation graphics an essential tool

Encourage Juror Note-Taking (and Take Notes Yourselves)

March 5th, 2024|

By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they are almost certainly doing it the old-fashioned way. New research, however, continues to demonstrate […]