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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 […]

Maximizing Cause Strikes: How Do I Get Jurors to Say They Can’t be Fair?

As we’ve mentioned in previous posts, eliciting bias and obtaining cause challenges should be the primary objectives of voir dire. Each juror you are able to remove for cause is essentially equivalent to having an additional peremptory strike that your opponent does not. Indeed, a successful voir dire should tilt the playing field in your […]

Top Ten Blog Insights from 2016

With just a few days left in 2016 we wanted to take one last look back on what made 2016 a great year for us and what our readers and clients found most helpful. The blogs from Litigation Insights listed below were the most read articles in 2016.  As we look back to what our […]

How Jurors’ Attitudes About Gender and Age Discrimination in the Workplace Affect Your Case

What matters more – jurors’ discrimination experiences or their attitudes? Or are both critical? Imagine you are in jury selection and have a juror who directly experienced workplace discrimination. You have another juror who has witnessed others’ experience with workplace discrimination. And yet another who harbors the belief that gender discrimination is ingrained in today’s […]

How Do I Keep Jurors Awake?

It has happened to every attorney that has ever stood up in front of jurors: maybe it’s just after lunch or maybe midafternoon.  Perhaps it’s during a particularly science-heavy, technical part of your presentation.  Just as you get to your main point, you scan the faces of the panel and notice one juror slumped over, […]

Is Too Much Experience a Bad Thing? How Your Expertise May Lead You to Inaccurately Predict Jurors’ Reactions to the Case

We’ve all been there.  You’re at a cocktail party and someone is telling a joke that you’ve heard a number of times before.  While that joke was laugh-out-loud hilarious the first time you heard it, it’s just not as side-splitting after about the tenth run.  On top of that, you can’t imagine why others would […]

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 […]

How Do I Connect with Jurors? The Role of Juror Analysis in Persuasion

Everyone knows that it is good trial strategy to connect with jurors and avoid alienating them, right?  But sometimes, in our eagerness to advance aspects of our case, we don’t think of how some of our words and actions are perceived by jurors. In our over 20 years of talking with jurors in post-trial interviews […]

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 […]

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