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New Media’s Impact on Jurors – Part II

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 […]

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

Part I Jurors: Then vs. Now 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 […]

Defending Premises Liability Cases with Video Surveillance Footage

While you can’t bank your whole case on a short video clip, the presence of “hard” video evidence jurors can see with their own eyes is much more persuasive than being told what happened.  (Especially when they’re being told by two different lawyers or experts with opposing motives and viewpoints.) To that extent, jurors really […]

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 […]

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 […]

How to Best Connect Trial Evidence and Witness Testimony to Case Themes

It is not unusual to hear questions or comments similar to the following from a member of a trial team.  “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to get in and the witness testimony we have?” Such […]

Communicating Your Themes: Do I Have to Say My Case Themes Out Loud?

When talking with trial teams, one question we sometimes hear is, “Do I really need to say those words – to really say my themes out loud?” And the answer is: Yes. You really do need to say the themes – the same words over and over again – if you want them to be […]

How Long Should Opening Statements in a Trial Last?

In a recent article, we explored how long closing arguments should be (hint: the shorter the better).  Yet almost just as often as we are asked how long a closing should be, we are asked how long an opening statement should last.  This answer is a little different.  First, though, let’s take a look at […]

How Long Should Closing Arguments Last in a Trial?

Toward the end of a grueling, contentious, four-month-long insurance coverage trial, I was summoned to the courtroom by the trial team. They were in the midst of a conference with the judge and the other side, addressing the logistics of closings. “The other side wants to close for an entire day. Should we give it […]

How To Help a Jury Understand Complex Litigation

We hear this quite a bit from our clients. An attorney, when introducing us to his pending complex litigation matter, tells us upfront, “This is a complicated case.” It’s code for, “I don’t think jurors will understand this case.” We hear it again in opening statements: “This is a complicated case.” So now, the attorney […]

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