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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 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 […]

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 […]

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 […]

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 […]

Should I Shave My Beard Before Trial

Lately, we have received several questions from male clients regarding jurors’ impressions of beards. Do they make an attorney look more distinguished? Does a beard add credibility or hurt it? Jurors have many cues to use when evaluating the credibility of an attorney, and physical appearance is certainly one of those cues. So, based on […]

How Should Scientific Research be Presented to Judges and Juries?

With all their knowledge, training and experience, expert witnesses can sometimes have difficulty explaining scientific research findings to judges and juries, who often lack any formal training in research methodologies. For many jurors, topics such as “epidemiology,” “control groups,” “confounds,” and “confidence intervals” are completely foreign. This can be problematic when cases hinge on these […]

Graphics in Pre-Trial Motions & Hearings: An Early Advantage – Part II

In Part I, you learned how metaphors and imagery can be used to help the judge conceptualize difficult and/or abstract case points. So now let’s discuss how clear, concise graphics or animations can be used in technical hearings to ensure that the judge understands all the necessary details of your case: Pre-Trial Graphics to Teach & […]

Graphics in Pre-Trial Motions & Hearings: An Early Advantage – Part I

Graphics aren’t just for juries. While it’s tempting to make your graphics an afterthought to your fleshed-out case themes and talking points, waiting until trial is in sight means you may have already missed multiple early opportunities to use graphics to influence the terms and development of the case – or even stave off the […]

The Reptile Brain Strategy: Why Lawyers Use it and How to Counter it

Over the past few years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.”  During this time, we have seen this approach become more and more popular – not to mention effective – during depositions and trial among plaintiff attorneys.  This Insights Blog provides a brief general overview […]

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