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How to Deal With Bad Company Documents, Part 2: Trial

Almost every case has one.  Some cases have a few.  And in mass tort litigation, they can follow a company around the country, affecting every case and never going away.  Bad company documents are the bane of many trial attorneys’ existence.    While the process of limiting the damage of bad company documents begins in voir dire (see Part 1), it doesn’t […]

What Should I Include in a Mini-Opening? How to Increase Cause Strikes and Save Your Best Jurors

In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire.  In fact, California courts now require judges to “allow a brief opening statement by counsel for each party prior to the commencement of the oral questioning phase of […]

How to Deal With Bad Company Documents, Part 1: Voir Dire

Almost every case has one. Some cases have a few. And in mass tort litigation, they can follow a company around the country, affecting every case and never going away. Bad company documents are the bane of many trial attorneys’ existence. Whether it’s a poorly worded email, a bad test result, or a historical document […]

Top Ten Litigation Insights Blogs of 2017

We may have left 2017 behind, but let’s not forget some of our favorite blogs! We wanted to take one last look back on what our readers and clients found most helpful in 2017. While some of the blogs listed below were the most read articles in the last year (but may have been published […]

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 […]

What to Ask in Voir Dire

At a recent Continuing Legal Education seminar we were presenting to a group of attorneys, we were discussing potential questions the attorneys might consider asking prospective jurors during voir dire.  The specific question was, “Who believes there should be more regulation of workers’ rights or that there is no change needed?”  Just as we were […]

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for jury selection in the trial jurisdiction.  Although local counsel can be a great resource for obtaining more […]

How Should I Introduce My Jury Consultant at Trial?

Many of our clients are concerned about how jurors would perceive them if the jurors learned the client hired a jury consultant to be present during jury selection.  After all, most depictions of jury consultants in books, television and film, portray a secretive, intrusive and often unethical character working to absolve a guilty defendant.  While […]

What Is the Best Way to Defend a Batson Challenge?

In a previous blog, we discussed key points for making a Batson challenge, but what do you do when circumstances are reversed?  In most cases, these challenges are made in an effort to disrupt a successful voir dire or to rattle an opponent before opening statements.  Stay calm; with a little organization and good note […]

What is the Best Way to Raise a Batson Challenge?

Few things fluster lawyers during voir dire like a Batson challenge.  If the prospect of justifying your strikes on the record makes you uneasy, you aren’t alone.  We’ve seen competent lawyers in the midst of a successful voir dire easily thrown off track when the opposing party challenges their method for exercising peremptories.  Next month’s […]

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