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How to Deal With Bad Company Documents, Part 1: Voir Dire

Almost every case has one. Some cases have a few. And in mass tort litigation, they can follow a company around the country, affecting every case and never going away. Bad company documents are the bane of many trial attorneys’ existence. Whether it’s a poorly worded email, a bad test result, or a historical document […]

4 Challenges of Jury Selection in Small Town Venues

When it comes to litigation, voir dire, and the jury selection process, small towns in America are different from larger cities in more than just size.  Sure, every venue comes with its own hometown culture and shared experiences; but, when the towns are smaller, a greater percentage of jurors share in those same experiences and knowledge […]

Commitment Effects, Part 2: Does Allowing Juror Discussion Prior to Deliberation Affect Their Decision Making?

In Part 1 of this blog, we discussed whether asking verdict-related questions early in a mock trial can cause a commitment effect in mock jurors, such that they are less likely to change their opinions as more evidence is presented. Now, we’ll extend this idea into “real world” trials, because some venues allow jurors to […]

Active Shooter Premises Liability: What Are Jurors’ Expectations of Safety?

Time and time again, the American public reels from the traumas of mass shootings. Virginia Tech, Aurora, Pulse Night Club, Sandy Hook, Las Vegas, Sutherland Springs Church, and, just last month, Stoneman Douglas – all fatal shootings we’ve heard and read about, occurring in different places, at different times of day, and targeting different people. The frequency […]

Should I Allow Jurors to Ask Questions of Witnesses?

On more than one occasion, I’ve been in court when the judge asked counsel if they would like to allow jurors to submit any questions for witnesses following their testimony. In most cases, judges have indicated they would allow juror questions if both parties agreed, yet attorneys are rarely sure if it is a good […]

What Do Jury Consulting Services Cost when on a Budget?

Think your case is too small for a jury consultant? Think again. There are jury consulting services available for every budget. While the cost estimates vary by case and jurisdiction, the discrete services described below are generally listed from least expensive to most expensive, starting at just over a thousand dollars. Speak with one of […]

How Body Language Can Impact Witness Credibility

Your hands shake. Your voice trembles. Your face reddens. We’ve all been there, having to give a presentation in front of people and fighting back the nerves that come along with it. Whether in front of your peers or in front of a jury or judge, public speaking is a high-stress situation. And testifying in […]

Top Ten Litigation Insights Blogs of 2017

We may have left 2017 behind, but let’s not forget some of our favorite blogs! We wanted to take one last look back on what our readers and clients found most helpful in 2017. While some of the blogs listed below were the most read articles in the last year (but may have been published […]

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, […]

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