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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 Connect with Jurors? The Role of Juror Analysis in Persuasion

Everyone knows that it is good trial strategy to connect with jurors and avoid alienating them, right?  But sometimes, in our eagerness to advance aspects of our case, we don’t think of how some of our words and actions are perceived by jurors. In our over 20 years of talking with jurors in post-trial interviews […]

3D-Printed Trial Exhibits: Futuristic Technology, Old-School Storytelling

Let’s go back several decades.  For a moment, picture this:  It’s a hot summer day; windows are cracked in a large, packed courtroom.  We center on an attorney (maybe a Gregory Peck type), unfazed by the heat, of course, mid-case, pacing before the jury box with a confident stride.  Today, in this moment, he’s trying […]

Part I – Trial Graphic Fundamentals: Developing a Strategy Long before Trial

This blog post is the first of a series that will focus on the fundamentals of trial graphics. Its content is based on a program Adam Bloomberg, Litigation Insights’ Managing Director for Visual Communications, will co-present with Bryant Spann, Partner at Thomas Combs & Spann PLLC, at the 2014 Midyear Meeting of the International Association […]

The Closing Argument: Telling the Future, Not the Past

 Tell ’em what you’re going to tell ’em; Tell ’em; Tell ’em what you told them; Sit Down.  — an old trial truism that isn’t very true Let me tell you a story: One fine day, The Three Bears sat down to eat breakfast.  But their porridge was too hot, so they decided to go […]

Using The Story: The Importance Of Developing Memorable Themes

Why Themes are Important In our last Insights, we discussed how the way humans think in narratives affects jurors’ acceptance or rejection of a case at trial, and how to structure your case story to better comport with natural, human thinking.  In this issue, we explore the importance of using themes to convey information, given […]