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How to Persuade Jurors in Trial Using Their Own Voir Dire Feedback

To persuade jurors, you’ll need to offer a thematic story throughout the entire case presentation and through each witness. With the aid of a mock trial, you’ll know what themes resonated best and have a case story crafted around those themes. But that’s only part of the equation. In a trial questionnaire and during voir dire, your […]

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 […]

4 Challenges of Jury Selection in Small Town Venues

When it comes to litigation, voir dire, and the jury selection process, small towns in America are different from larger cities in more than just size.  Sure, every venue comes with its own hometown culture and shared experiences; but, when the towns are smaller, a greater percentage of jurors share in those same experiences and knowledge […]

Should I Allow Jurors to Ask Questions of Witnesses?

On more than one occasion, I’ve been in court when the judge asked counsel if they would like to allow jurors to submit any questions for witnesses following their testimony. In most cases, judges have indicated they would allow juror questions if both parties agreed, yet attorneys are rarely sure if it is a good […]

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, […]

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 […]

New Media’s Impact on Jurors (and How Your Trial Graphics Should Respond)

Your trial graphics do not live in a vacuum.  Their success is based solely on their effectiveness with the audience – your jurors.  Of course, no two jurors are exactly alike; their needs and wants are a moving target.  So how can our graphics possibly meet the communication expectations of every juror?  One valuable way […]

Defending Personal Injury Cases with Engaging Graphics

When defending personal injury cases, countering the plaintiff’s arguments of harm and causation is often complicated by the need to teach jurors complex case facts, science, and unfamiliar terminology – all while showing grisly exhibits and dealing with a potentially sympathetic jury. There are plenty of hurdles to clear: How do you help the jury […]

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 […]

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