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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 […]

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 […]

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 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, […]

Is Too Much Experience a Bad Thing? How Your Expertise May Lead You to Inaccurately Predict Jurors’ Reactions to the Case

We’ve all been there.  You’re at a cocktail party and someone is telling a joke that you’ve heard a number of times before.  While that joke was laugh-out-loud hilarious the first time you heard it, it’s just not as side-splitting after about the tenth run.  On top of that, you can’t imagine why others would […]

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 […]

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 […]

The One Trial Graphic You Can’t Go Without in a Construction Case

Construction schedules are the most critical piece of any construction project. They show in visual form the many steps and procedures fundamental to project completion. So it follows that a trial graphic created to represent such a crucial project document is equally crucial to the presentation of your case. The clearer the graphic representing the […]

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 […]

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