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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 […]

4 Trial Prep Lessons (and a Few Idiosyncrasies) of Great Trial Attorneys

We’ve worked with many superstar trial attorneys over the years and recently asked a number of them to reveal some of the things without which they would never enter the war room or courtroom. Whether completely practical or endearingly superstitious, their responses invariably tied back to two things every attorney needs going into trial – […]

Out-of-Town Attorneys Vs Local Attorneys: Accents, Impact, and More

Our shadow jurors sat in an East Coast courtroom listening to opening statements about “Earl.”  Earl was a bad person, they thought:  He had polluted the groundwater and now the public was in danger.  We convened as a group at lunch that first day of trial, and our shadow jurors confessed that they had been […]

What are the Best Types of Clothes for Lawyers to Wear in the Courtroom?

Everyone wants to look their best when standing before a group of people, and lawyers are no exception. At trial, counsel is going to be getting up before the same group of people (the judge and jury) day after day and, understandably, wants to make a good impression. And effective impression management is important as […]

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