Do jurors distinguish illustrative and substantive demonstratives when awarding damages? Online Jury Research Update

July 6th, 2022|ComCon (Kathy Kellermann Communication Consulting)|

Evidence can be presented to jurors both verbally and visually, and if visual, as either an illustrative or substantative demonstrative. A substantive demonstrative has independent probative force, providing independent proof of a fact at issue in the case. Illustrative aids give visual form to other evidence, but provide no independent proof of that other evidence. Park and Feigenson (2021) conducted three studies that examined the effects of demonstrative evidence on mock jurors' pain and suffering damage awards....

The Online Courtroom: Hybrid and Remote Trial Considerations — PART 2 (Lights, ___, Action)

July 3rd, 2022|Trial Technology|

 NOTE: This series will cover what happened, how we've adjusted, where we are now, and where we're headed. We will also offer numerous tips, tricks, and best practices for hybrid and remote trials.Cameras are the only new major component needed to enable hybrid trials, which have quickly become the most common format. With skyrocketing travel costs, it makes economic sense to have a witness appear remotely from another part of the country -- or even from another country. Even a daily commute can be avoided by many members of a trial team, allowing those back at the war room to watch

The Online Courtroom: Hybrid and Remote Trial Considerations — PART 1

June 27th, 2022|Trial Technology|

 Order "The Online Courtroom"NOTE: This series will cover what happened, how we've adjusted, where we are now, and where we're headed. We will also offer numerous tips, tricks, and best practices for hybrid and remote trials. Looking back at our trial calendar, I added a note on March 9, 2020: COVID-19 BUSINESS STOP. I was at home in Southern California's South Bay (I also have a home office in the East Bay Area in Northern California), and the next important note I see is on March 27, 2020: BEACHES AND PIER CLOSED. Now, it's certainly a big deal when all the

Need to Talk About Race in Trial? Watch for Language Polarization

June 27th, 2022|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use of force cases, or claims involving unequal medical care or testing. In any number of other cases, race could come up as a factor that matters in the experience of your potential jurors. So trial lawyers need to be able to talk about race with some sensitivity. We know that the situation is primed for misunderstanding and defensiveness, and new research provides another example. A recent article in the publication Big

Stealing Thunder: Know When to Preempt and When to Wait

June 20th, 2022|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: When the other side has a powerful potential argument, but you get to go first, then you have a strategic call to make. Do you use the opportunity to get there first, address the issue before they can, and steal their thunder? Or do you wait them out, see what they have, and respond only after they’ve raised the issue? That question will come up in many scenarios. If you’re a plaintiff, then you are always deciding how much of the expected defense to address in opening and in your case. Or if you are a

Don’t Sweat the Small Stuff

June 16th, 2022|2's Company - Magnus Insights|

“Don’t Sweat the Small Stuff” is a phrase used to suggest one should relax, chill out, and not worry about the little things, things which sometime seem out of one’s control. Well, that’s great. But, our “day job” as trial consultants doesn’t allow it. Neither does my prior advocation, photography. For example, when photographing people at events, the photographer has to watch the person’s expression; if it is a group of people, it is even more challenging. The photographer has to look at the eyes, the smiles, the hands, feet, etc. Ensuring things are in focus and that there