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Can I Conduct My Own Jury Research to Save Costs?

With companies seeking to cut litigation costs, some attorneys have begun trying to conduct their own jury research without the aid of a litigation consulting firm.  Though you may think this will save a lot, while still providing valuable feedback about your case, attorneys who conduct their own research risk making key strategic decisions on […]

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 […]

Is there Juror Bias Against Female Attorneys?

Gender bias is often outside of conscious awareness and is implicit, meaning that it can occur in stark contrast to one’s consciously held explicit beliefs. Banaji & Greenwald (2002) posited that such social behavior is not completely under our conscious control but, rather, is driven by learned stereotypes that operate automatically or unconsciously when we […]

Attorney-Juror Contact: What to Do When Running into a Juror Outside of the Courtroom

Opening statements had just ended and members of the trial team were beginning to return from their lunch breaks.  The attorney we were working with for this shadow jury and I got on the elevator in the parking garage and he began telling me about the upcoming witness testimony.  As people (some of whom presumably […]

Making the Case for the Benefits of Attorney-Conducted Voir Dire to Promote Juror Candor in Open Court

There is nothing that trial lawyers and jury consultants fear more than a “sleeper juror.” We’ve all been there – in the courtroom just before strikes are made – wondering if the juror who sat silently is concealing some deep-seeded prejudice against our clients, or worse, questioning whether the jurors who did speak did so […]

A View From the Jury Box: Managing Jurors’ Beliefs About Women Attorneys

In 19th century America, no one was concerned with gender bias in the courtroom because, well, there were no woman attorneys.  Few law schools were willing to enroll women let alone award diplomas to “the fairer sex.”  In 1875, the Wisconsin Supreme Court denied Lavinia Goodell admission to the state bar based on her gender.  […]