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When is it Best to Conduct a Follow-Up Jury Research Project?

You hire the jury consultant. You do the test. You learn a lot. Then, the consultant recommends a follow-up test. Your immediate reaction might be, “Of course you think there should be multiple tests; you’re the jury consultant….” We get that. But lest you worry that we’re just pursuing our own self-interest on your dime, […]

How Can the Defense Use the “Reptile Approach” Against Plaintiffs?

“This is a very important case, and by being a juror on a case like this, you’re taking on a pretty big role; you’re basically a guardian of the community.  You’re the ones that get to be the decider about when things are wrong or when they’re right, or when some change needs to happen. […]

How to Make Sure Your Expert Witness Isn’t a Lemon

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […]

What Should I Do When My Witness Wants to Outsmart Opposing Counsel?

In my career, I have never seen jurors give a witness in a mock trial as low an evaluation score (1.3 out of 7) as one witness we encountered named Tim.  In fact, one of my fellow consultants on the project confessed, “I once worked on a case that involved [an accused] child molester.  The […]

8 Tips For Preparing On-Site Trial Support Budgets

While a variety of factors are up in the air during trial that can boost costs, that won’t stop most clients from asking counsel to forecast their budgets. It’s a reasonable request, but not always an easy one to fulfill. When it comes to outside costs, trial graphics and on-site trial support are two areas where budgets are […]

New Media’s Impact, Part III: Tweaking Your Graphics for the Modern Juror

Parts I and II of this series explained how and why jurors’ communication styles – and, accordingly, their responses to trial graphics – are changing with the influx of new media.  Now we’ll tell you what you can do about it. By sticking to the fundamentals and making tweaks with the modern juror in mind, […]

New Media’s Impact, Part II: Trial Graphic Foundations

Laying the Foundations of Your Trial Graphics In Part I, we told you how jurors are changing and the challenges these changes present. So let’s begin Part II with some examples of new media developments that help explain why jurors expect more from your visual presentations. Then, before we get ahead of ourselves, we’ll do […]

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 […]

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