Archives – Page 3 – The Red Well

10 Reasons Why Your Trial Consultant Should Draft Your Opening Statement

January 31st, 2024|

As a trial attorney, your opening statement is one of the most crucial parts of your case. We wrote a book about opening statements and offered webinars about opening statements. The opening statement sets the tone for the entire trial and can make or break your case. That's why it's so important to get it right. One way to ensure that your opening statement is effective is to enlist the help of a trial consultant. Here are 10 reasons why you should ask your trial consultant to write a draft, maybe only the first draft, of your opening statement. 1.

Defendants, Reduce the Risk of Your Verdict Going Nuclear

January 30th, 2024|

By Dr. Ken Broda-Bahm: In the most recent verdict against former President Donald Trump, the jury awarded quite a bit more than the plaintiff had asked for. In the case of the $83.3 million defamation award made to the writer, E. Jean Carroll, we have a special case: a defendant who did just about everything […]

The Art of Building Successful Cause Challenges

January 24th, 2024|

One piece of advice for building a successful cause challenge – take it a step (or two) further than you think is necessary. One venue where this lesson is especially important is in Arizona courts, where beginning January 1, 2022, there are no longer peremptory challenges – only cause challenges. The courts of course made this change to eliminate attorney bias and to create a jury pool that more closely reflects the community. Thus, the only way to remove a juror is to establish they cannot assess the case even-handedly and to excuse them for cause. I recently selected a

Keep Your Cool in the Courtroom

January 23rd, 2024|

By Dr. Ken Broda-Bahm: Last week, the once and potentially future President of the United States was threatened with ejection from a courtroom because he could not control his verbal and non-verbal responses to the proceedings. As reported in the New York Times, Donald Trump was sitting in a Manhattan courtroom as a jury heard […]

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

January 16th, 2024|

By Dr. Ken Broda-Bahm: The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix whatever led to the problem you confirm that you could […]

Trial Graphics and PowerPoint

January 11th, 2024|

PowerPoint is a versatile tool that many lawyers use for creating trial graphics. It can be used to create visual aids that can help present arguments in a clear and concise way. While there are many tools available for creating trial graphics, PowerPoint is a popular choice due to its ease of use, flexibility, and accessibility. Using PowerPoint for trial graphics can help simplify complex concepts and make arguments more compelling. For instance, you can use PowerPoint to create timelines, charts, graphs, and other visuals that can help illustrate key points. This is particularly important in cases where multiple parties,

Take Responsibility (Without Conceding Liability)

January 9th, 2024|

By Dr. Ken Broda-Bahm: I will admit up front that the title for this one might sound like someone trying to weasel out of something: Trying to gain the psychological benefit of “stepping up” without the legal liability that many might see as going along with that. And, it must be said, there’s a real […]

2024 Litigation Resolutions for All Litigators

January 8th, 2024|

It’s that time of year again when we all make resolutions, stick to them for about two weeks, then go back to our typical pattern and practice. Let’s make this year different! In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Initial Case Strategy “I resolve to start thinking about my jury story BEFORE discovery even starts.” Too often we see trial teams begin thinking about their jury story

10 Reasons You Should Have a Mock Trial and 10 Reasons You Shouldn't

January 2nd, 2024|

Litigation can be a complex and risky process, and many lawyers have found it beneficial to conduct mock trials to gain insight into the strengths and weaknesses of their cases, especially in cases with millions or billions at stake. However, there are also some reasons why you may not want to have a mock trial. In this blog post, we will explore 10 reasons you should have a mock trial and 10 reasons you shouldn’t. 10 Reasons You Should Have a Mock Trial Gain Insight into Juror/Judge Perception: Mock trials provide an opportunity to test the waters and gauge how

Changing attitudes toward the pharmaceutical industry

January 2nd, 2024|

Authors: Chad Lackey, Ph.D. and Ellen Brickman, Ph.D. For years, the public viewed the pharmaceutical industry negatively, with public sentiment reaching its lowest levels in 2019. In Gallup’s annual survey of opinions about different industries, the pharmaceutical industry ranked dead last that year, with 58% viewing it negatively and only 27% viewing it positively. In fact, these ratings were the lowest since Gallup began assessing opinions of different industries in 2001. Some data suggest that public opinion of the pharmaceutical industry dramatically improved during the COVID-19 pandemic. While Gallup showed only a modest improvement of 7% gains in positive ratings