Trust Me, I’m Credible!
As I was sitting in federal court yesterday observing testimony of a key witness, I found myself distrusting the witness. And the attorney. The exchange caused me to ponder on the importance of trust:...
View ArticleSocial Media, the Court of Public Opinion and George Zimmerman’s Defense
Facebook. Twitter. Websites. Blogs. Social media is an inexpensive, readily-available source for gauging public opinion. And it’s working its way into litigation strategy. Casey Anthony’s defense team...
View ArticleVerdict? Allen Charge? Mistrial? One Crazy Day in the John Edwards Trial.
What a chaotic day in the John Edwards corruption trial. Judge Eagles announced around 3pm EST that the jury had reached a verdict. Only, it hadn’t. Not really. According to news sources, the jury...
View ArticleYes Virginia, Patents Tell Stories Too
Patent cases are perhaps the most challenging cases to try to a jury, especially from a Defendant’s point of view. As a Plaintiff, stories involving tales of stolen property, hard work, sweat equity,...
View ArticleDebates, Depos and the Power of Video
The media continues to obsess over “who won” the veep debate last week. A huge part of the discussion has involved commentary on demeanor, style and delivery. Substance has, for the most part, taken...
View ArticleSeek First To Understand, Then To Be Understood
There are many schools of thought on how best to conduct voir dire. We obviously want to get those heartburn-inducing jurors off the panel, but the importance of getting to know jurors’ personal...
View ArticleUsing Case Themes Effectively in an Original Petition
When is the last time you filed an Original Petition with the court and had already started developing your case themes? Many (dare I say most) attorneys really don’t give case themes much thought...
View ArticleFinding Themes and Taglines on A Dime Store Budget
All too often, “trial themes” and “taglines” do not enter into one’s stream of consciousness until settlement fails and the jury trial is weeks away. In a more perfect world, themes would be on every...
View ArticleDoes the Pitch of Your Voice Impact Audience Perception?
Imagine you’re sitting in a jury box, and the trial attorney sounds just like Morgan Freeman. Or James Earl Jones. Or Matthew McConaughey. Or even Kathleen Turner or Judi Dench. Then imagine that we...
View ArticleFive Tips for Becoming A More Persuasive Speaker.
In a perfect world, we’d all have innate communication skills that would magically transform any audience into a group of attentive, interested and engaged listeners. Unfortunately–as we know all too...
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Education or Experience: Which Matters Most in An Expert Witness?
Have you ever hired an expert witness simply because he had more credentials than the other? Have you ever had a witness testify that had very little education but a lifetime of sweat equity? I’m...
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If I Want It To Be True, It Must Be True: Jury Perceptions
Imagine this: A panel of jurors who have zero bias. A panel of jurors who weigh the evidence based strictly on the facts, scientific data and proven methodologies related to the case. A panel of...
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Storytelling in Trial: Why It Matters
Storytelling. It’s a word jury consultants use all of the time. We’re always encouraging our clients to tell stories to the jury rather than merely regurgitate facts. I think the mere mention of the...
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Maximizing the Impact of A Video Deposition
Video depositions are a powerful, persuasive tool available to every litigant. There are countless benefits, and most will agree that presenting testimony by video is a much better option than simply...
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More Than Words
As I sat at my desk the other day mulling over themes and message points for a client’s Closing Argument, the procrastinator in me decided to hop online and hunt for something inspiring. So glad I...
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The Benefits (and Occasional Perils) of Using Statistics in Trial
A few weeks ago, one of my #TrialTwitter friends asked whether anyone had experience with using statistics in opening statement. It prompted an interesting conversation, but there’s only so much one...
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Anchoring Your Argument: How to Use The ‘Anchoring Effect’ to Persuade
I recently worked on a federal jury trial where our main objective was damage control: keeping the verdict as low as possible. Plaintiff counsel, of course, wanted to maximize damages, and thus needed...
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How a Cold-Hearted Bully Illustrates the Importance of Theme Development
Remember when the name “Lance Armstrong” was synonymous with cycling, Tour de France, and über-athleticism? And remember how all that love came to a screeching halt when Armstrong was essentially...
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Finding Scrooge: Trial-Tested Tips for Seating a Defense-Friendly Jury
The holidays are a wonderful time of generosity, when we open our hearts and wallets to those we love, and sometimes, complete strangers. But in the legal industry, some litigants shy away from jury...
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The Top Ten ‘Persuasion Matters’ Posts of 2017
As we gear up for an amazing 2018, we thought it’d be fun (and let’s be honest, easier on our sluggish, post-holiday brain) to feature the Top 10 posts from 2017 (according to Google Analytics)....
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