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Should My Client Say “I’m Sorry”?

As a corporate defendant, does it help or hurt to apologize for past conduct?  Does it show weakness?  Fault?  Honesty?  Sincerity? Well, it all depends on the case.  Just take a look at mock jurors’ very different reactions to two different defendants saying, “We’re sorry.” Juror A:  “They have done nothing to address the problems […]

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 […]

Why Are Graphics So Compelling in the Courtroom?

Stanford psychologist Amos Tversky and others have proposed that learners rely on mentally efficient strategies when evaluating new information.  It is believed these mental shortcuts allow people to make decisions quickly – a necessity in a fast-paced world – but sometimes at the cost of accuracy in decision-making1 (you can read more about how this […]

How Jurors’ Attitudes About Gender and Age Discrimination in the Workplace Affect Your Case

What matters more – jurors’ discrimination experiences or their attitudes? Or are both critical? Imagine you are in jury selection and have a juror who directly experienced workplace discrimination. You have another juror who has witnessed others’ experience with workplace discrimination. And yet another who harbors the belief that gender discrimination is ingrained in today’s […]

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 Important is a Consultant’s Win Rate?

With so much at stake when a case seems poised for trial, it’s understandable that clients want attorneys and jury consultants with a history of winning in court.  As a result, many clients – including insurance adjusters, in-house counsel and trial attorneys – will ask jury consultants about their “win rates.”  However, providing a tally […]

How Should I Introduce My Jury Consultant at Trial?

Many of our clients are concerned about how jurors would perceive them if the jurors learned the client hired a jury consultant to be present during jury selection.  After all, most depictions of jury consultants in books, television and film, portray a secretive, intrusive and often unethical character working to absolve a guilty defendant.  While […]

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 […]

Developing a Reliable Mock Trial: Critical Factors You Must Consider

It is easy to put on a mock trial.  But what isn’t as easy is paying attention to, and properly implementing, the many factors that could skew the mock trial feedback you paid a lot of money to obtain.  There is nothing worse than conducting a mock trial and have unbalanced presentations or unevenly matched […]

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