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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 […]

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 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, […]

How Do I Get Jurors to Remember My Themes?

We’ve explained the importance of creating memorable themes in previous blog posts, and we’ve provided tips for how to connect the evidence in the case to your trial themes, but how do you get jurors to actually remember your themes and recite them during deliberations to advocate for your client’s position?  While some tactics may […]

What to Ask in Voir Dire

At a recent Continuing Legal Education seminar I was presenting to a group of attorneys, I was 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 I was […]

Is It Better to Have Greater or Fewer Peremptory Strikes?

While the number of peremptory strikes allotted is typically prescribed by statute, there are some instances – such as when there are multiple defendants – where statutes may provide the parties with additional strikes.  Many of these provisions require the judge to make an interpretation of the rule or determine whether parties on the same […]

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 […]

Is It Ethical to Research Jurors Online during Jury Selection?

With limited time and opportunity to question jurors during voir dire, attorneys are increasingly turning to jury consulting firms to conduct online research in hopes of learning more about the people who may be deciding their cases.  Internet research of a jury panel can produce a wealth of information – information that jurors may not be forthcoming or candid about during voir dire, information that the judge may deem […]

The Reptile Brain Strategy: Why Lawyers Use it and How to Counter it

Over the past few years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.”  During this time, we have seen this approach become more and more popular – not to mention effective – during depositions and trial among plaintiff attorneys.  This Insights Blog provides a brief general overview […]

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 […]

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