The Power of Pessimistic Practice

October 11th, 2020|

You can’t walk around with your ears open in America without hearing about the “power of positive thinking” – even as a litigator and trial lawyer who lives in the throat of conflict and negativity much of the time. Certainly, part of your job as a trial lawyer is to project confidence in your ability to successfully resolve your client’s case. If you are a successful litigator, though, you probably will not be surprised that psychologist Gabriele Oettingen suggests in her new book, Rethinking the Power of Positive Thinking, that “positive thinking” isn’t all it’s cracked up to be. In

Dressing For Success

December 13th, 2018|

  An important part of persuasion is you as an advocate – how do you come across to others? Are you credible? Do you seem competent? Do you seem confident in your case? And of course, do you look the part? Do you look professional? Do you look good? Do you come across as confident in YOURSELF? Women face particular challenges in the courtroom with regards to dress and image because of the cacophony of conflicting messages about how women should look, dress and be that circulate in our culture. (There are conflicting messages about how men should be too,

Sidebar Ep 6: Will claims of fake news affect jurors’ views of evidence?

October 3rd, 2018|

In DOAR’s web series “Sidebar,” Jury Consultant Roy Futterman, Ph.D. provides his insights, analysis and commentary on the state of the world from the intersection of the legal system, popular culture and the zeitgeist. Join us for a heady mélange of juries, judges, the nature of consciousness, physics, metaphysics, the multiverse, the Oracle at Delphi, edibles before dinner, something tangentially related to the law, and the illusory feeling of having a self, won’t you? The post Sidebar Ep 6: Will claims of fake news affect jurors’ views of evidence? appeared first on DOAR.

Do jurors differentiate what is stated in testimony from what is implied? (February, 2008, Issue 4)

February 26th, 2008|

A witness can testify directly that "After I heard the shot, I made a phone call" or can imply making the call through the indirect statement that "After I heard the shot, I went to the telephone." A witness can testify directly that "I rang the burglar alarm" or can imply ringing the alarm through the indirect statement that "I ran up to the burglar alarm." The actions of phone calling and alarm ringing are affirmed in the direct testimony, and only implied in the indirect testimony. Harris and colleagues (1978) studied the effects of direct and indirect statements in