BLOG

What’s on Employees’ Minds? Employee Rights, Pay, & Government Regulation

Most jurors are employed, either as contractors, employees, or self-employed.  What are their workplace concerns these days?  Do they feel protected?  Do they believe their pay is fair? Understanding how jurors’ employment needs and concerns have changed (or not changed) is critical in assessing the risks in your employment litigation.  Will jurors identify with the […]

Defending Premises Liability Cases with Video Surveillance Footage

While you can’t bank your whole case on a short video clip, the presence of “hard” video evidence jurors can see with their own eyes is much more persuasive than being told what happened.  (Especially when they’re being told by two different lawyers or experts with opposing motives and viewpoints.) To that extent, jurors really […]

What Analogies Can I Use to Explain My Case to a Jury?

When working on trial strategy with a client, it is almost inevitable that he or she will ask, “What analogy can I use to help the jury understand X?”  Then, the trial attorneys, in-house counsel, and anyone else in the room will begin tossing around various analogies – most of which sound like great ideas […]

Trial Graphics: Top Six Ways to Get More Out of a Limited Budget

The importance of adding a visual component in the courtroom cannot be understated. Our research shows that comprehension and retention of trial themes is enhanced by the incorporation of effective visuals. Well-designed demonstratives can reinforce your case themes, reduce case ambiguities, and ensure consistency, coherence, and comprehension of your message. With so many variables, ideas, […]

Should My Client Say “I’m Sorry”?

As a corporate defendant, does it help or hurt to apologize for past conduct?  Does it show weakness?  Fault?  Honesty?  Sincerity? Well, it all depends on the case.  Just take a look at mock jurors’ very different reactions to two different defendants saying, “We’re sorry.” Juror A:  “They have done nothing to address the problems […]

Does Court-Provided Audiovisual Equipment Help or Hinder?

Courtrooms new and old across the United States are being outfitted with some of the latest audiovisual equipment.  Lots of time and money have been spent planning the best equipment to install, where to install it and how the judge will control it. With that said, the setup is often designed around the judge’s view […]

Why Storytelling is Your Best Defense

The Problem As we know all too well, plaintiffs often have a ready-made underdog tale in civil trials:  David (their client) against Goliath (your client).  And nobody roots for Goliath. That’s strike one against you, before you even start.  Add in the fact that many jurors assume your client must have done something wrong if […]

A Millennial Could Be Your Next Jury Foreperson

Millennials – the generation born between roughly 1980 and 2000 – are showing up in large numbers to perform their civic duty.  In fact, this year alone we’ve had several trials in which the post-hardship jury pool was nearly 50% or more Millennial after hardships.  More importantly, in two very recent trials, a Millennial served […]

How Do I Get Jurors to Reveal Their Biases?

As we’ve discussed elsewhere, it is important to use voir dire as a tool for identifying your worst jurors while hiding you best jurors, and eliciting bias and obtaining cause challenges should be the primary objective.  In a previous blog, we offered techniques for cause sequencing, which is the series of questions that will lead […]

How Can I Explain How a Machine Works to a Jury?

Many attorneys have been faced with the challenge of teaching a jury how a complex machine works.  This challenge is common in intellectual property disputes, but also appears in personal injury litigation and other matters.  In cases such as these, juror comprehension can be difficult to achieve due to lack of familiarity with the subject […]

« PREVIOUS