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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 […]

8 Tips For Preparing On-Site Trial Support Budgets

While a variety of factors are up in the air during trial that can boost costs, that won’t stop most clients from asking counsel to forecast their budgets. It’s a reasonable request, but not always an easy one to fulfill. When it comes to outside costs, trial graphics and on-site trial support are two areas where budgets are […]

Bill Cosby and Jury Bias: Can Jurors Recognize Their Own Biases?

Now more than ever, information is at our fingertips.  While the benefits of this are many, one potential downside has become apparent in the legal system.  The law assures defendants the right to an “impartial” jury.  However, the sheer amount of information available through the rapidly expanding use of technology means that jurors are increasingly […]

New Media’s Impact, Part III: Tweaking Your Graphics for the Modern Juror

Parts I and II of this series explained how and why jurors’ communication styles – and, accordingly, their responses to trial graphics – are changing with the influx of new media.  Now we’ll tell you what you can do about it. By sticking to the fundamentals and making tweaks with the modern juror in mind, […]

Commitment Effects: Does Asking Verdict Questions Early Commit Mock Jurors to a Position?

When we design a mock trial – where jurors are read instructions and deliberate to a verdict form – we concentrate on presenting the case facts, witnesses, and evidence in a way that will impact jurors’ story of the case similarly to a “real life” trial.  As such, we typically wait until after jurors hear […]

New Media’s Impact, Part II: Trial Graphic Foundations

Laying the Foundations of Your Trial Graphics In Part I, we told you how jurors are changing and the challenges these changes present. So let’s begin Part II with some examples of new media developments that help explain why jurors expect more from your visual presentations. Then, before we get ahead of ourselves, we’ll do […]

New Media’s Impact on Jurors (and How Your Trial Graphics Should Respond)

Your trial graphics do not live in a vacuum.  Their success is based solely on their effectiveness with the audience – your jurors.  Of course, no two jurors are exactly alike; their needs and wants are a moving target.  So how can our graphics possibly meet the communication expectations of every juror?  One valuable way […]

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