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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 Whether it’s a poorly worded email, a bad test result, or a historical document […]

Cut the Bull: What Can Trial Consultants Really Do?

With the new TV series “Bull,” airing Tuesdays on CBS, the field of trial consulting is getting a little more attention than it’s used to.  The show, starring Michael Weatherly (formerly of NCIS) as Dr. Jason Bull, is loosely based on the early career of Dr. Phil McGraw, who began his work at a Texas-based consulting firm.  The pilot episode included all the dramatics and bells and whistles that one would […]

The Problem with Stereotyping When It Comes to Jury Selection

It is very common in mock trials and deliberation groups, as well as many jury selections, to hear someone make the following, or similar, comment, “Well, we certainly don’t want any teachers (or nurses, or social workers, or ‘[you fill in the blank]’) on our panel!” In particular, individuals in many of the “helping” professions […]

How to Get the Judge to Accept a Supplemental Juror Questionnaire

We often have this conversation with our clients when it comes to a supplemental juror questionnaire. Here’s how the conversation goes some weeks before trial: LI Consultant: How about a supplemental juror questionnaire? Attorney: The judges around here will never go for that. LI Consultant: Have you ever asked for one? Attorney: No There is […]

Voir Dire Strategy Tips: What Not To Do in Voir Dire

Most articles about voir dire discuss what you should do during this process – e.g., build rapport, identify bias, prime your themes – but you don’t often read about what not to do. As you read this, you will wonder, “What skilled lawyer would make such a mistake?” But that is exactly what it is […]

The Three C’s: Making the Case for a Written Trial Questionnaire

When a potential juror exhibits that he or she may not be able to make a fair and impartial assessment of your case, a cause challenge is (or should be) made. But what if you are not getting the information you need to make the all-important decision as to whether a cause challenge is warranted? […]