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How Important Is Attorney Etiquette in the Courtroom?

“All the world’s a stage,” as they say; and apparently, that includes the courtroom. From my countless post-trial interviews with jurors, I’ve come to the conclusion that jurors are always watching you – not just to see if you’re a good lawyer, but to see if you’re a good person. Thus, it is important for […]

When Is It Best to Conduct a Follow-Up Jury Research Project?

You hire the jury consultant. You do the test. You learn a lot. Then, the consultant recommends a follow-up test. Your immediate reaction might be, “Of course you think there should be multiple tests; you’re the jury consultant….” We get that. But lest you worry that we’re just pursuing our own self-interest on your dime, […]

Giving Thanks for Organizations We Care About

Each year, we at Litigation Insights like to step back and reflect on all that we are grateful for. We think about the ways we have been able to help our favorite organizations improve our communities, and we brainstorm ways to give back in the future. Our “family” has worked together to volunteer time and […]

3 Benefits of Giving Back as a Company (You Might Not Have Expected)

When our full Litigation Insights team walked through the doors at Harvesters Community Food Network in Kansas City, we didn’t know what to expect.  It was 7:30am and already bustling with staff. As it turned out, we weren’t just here to fetch things or hand stuff out.  They relied on volunteers to take a huge project – […]

How Can the Defense Use the “Reptile Approach” Against Plaintiffs?

“This is a very important case, and by being a juror on a case like this, you’re taking on a pretty big role; you’re basically a guardian of the community.  You’re the ones that get to be the decider about when things are wrong or when they’re right, or when some change needs to happen. […]

Should an ESL Witness Testify Through an Interpreter?

When presented with a witness who speaks English as a Second Language (ESL), it is difficult to predict how they will be perceived by a jury.  In a previous post, we examined the challenges of identifying juror bias against foreign witnesses, but that raises a separate, yet related issue as to whether that witness is […]

How to Make Sure Your Expert Witness Isn’t a Lemon

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […]

Are Jurors Biased Against Foreign Witnesses?

To say that America has a complicated relationship with “foreignness” would no doubt be an understatement.  After all, the vast majority of us have relatives or ancestors who immigrated to the United States at some point in time (I, myself, am a first-generation citizen).  Yet, there remains a great deal of political controversy and social tension between Americans and the foreign born (or […]

Storytelling in the Age of Emojis

Weaving words together to create pictures in the minds of jurors – true storytelling – has long been the foundation of successful trial lawyers.  But why stop with words alone?  Adding actual images to a presentation further enhances jurors’ ability to understand and remember case themes.  These images can resonate across age, gender, beliefs, and individual […]

What Should I Do When My Witness Wants to Outsmart Opposing Counsel?

In my career, I have never seen jurors give a witness in a mock trial as low an evaluation score (1.3 out of 7) as one witness we encountered named Tim.  In fact, one of my fellow consultants on the project confessed, “I once worked on a case that involved [an accused] child molester.  The […]

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