Is Your Jury Consultant Doing These 12 Things Helping You Prepare for a Mock Trial?

April 12th, 2024|The Litigation Consulting Report (A2L Consulting)|

Preparing for a mock trial can be daunting, especially if you're unsure how to proceed. That's where a jury consultant comes in. A good jury consultant can help you prepare for a mock trial in various ways. In this blog post, I'll discuss 12 things your jury consultant should do to help you prepare. 1. Developing a Theme One of the first things your jury consultant should do is help you develop a theme for your case. A theme is an overarching idea that ties together all the evidence and arguments in your case. Developing a theme early on can

As the Reptile Evolves, Update Your Understanding of ‘Duty’

April 9th, 2024|Your Trial Message|

By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the ‘Edge’ training appears to continue this emphasis. In a second part of an article in the CLM […]

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

April 8th, 2024|The Sound Jury Library (Sound Jury Consulting)|

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

(Safely) Combat Safety Absolutism

March 26th, 2024|Your Trial Message|

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|ComCon (Kathy Kellermann Communication Consulting)|

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