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How to Make Sure Your Expert Witness Isn’t a Lemon

We once had a client come to us with an expert witness who needed some serious prep work.  He was a great guy, very approachable, and extremely knowledgeable about his industry.  As it turned out, however, he had major problems with short-term memory and would buckle under cross because he couldn’t remember basic details related to the […]

8 Tips For Preparing On-Site Trial Support Budgets

While a variety of factors are up in the air during trial that can boost costs, that won’t stop most clients from asking counsel to forecast their budgets. It’s a reasonable request, but not always an easy one to fulfill. When it comes to outside costs, trial graphics and on-site trial support are two areas where budgets are […]

New Media’s Impact, Part III: Tweaking Your Graphics for the Modern Juror

Parts I and II of this series explained how and why jurors’ communication styles – and, accordingly, their responses to trial graphics – are changing with the influx of new media.  Now we’ll tell you what you can do about it. By sticking to the fundamentals and making tweaks with the modern juror in mind, […]

New Media’s Impact, Part II: Trial Graphic Foundations

Laying the Foundations of Your Trial Graphics In Part I, we told you how jurors are changing and the challenges these changes present. So let’s begin Part II with some examples of new media developments that help explain why jurors expect more from your visual presentations. Then, before we get ahead of ourselves, we’ll do […]

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

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 […]

Defending Personal Injury Cases with Engaging Graphics

When defending personal injury cases, countering the plaintiff’s arguments of harm and causation is often complicated by the need to teach jurors complex case facts, science, and unfamiliar terminology – all while showing grisly exhibits and dealing with a potentially sympathetic jury. There are plenty of hurdles to clear: How do you help the jury […]

What’s on Employees’ Minds? Employee Rights, Pay, & Government Regulation

Most jurors are employed, either as contractors, employees, or self-employed.  What are their workplace concerns these days?  Do they feel protected?  Do they believe their pay is fair? Understanding how jurors’ employment needs and concerns have changed (or not changed) is critical in assessing the risks in your employment litigation.  Will jurors identify with the […]

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 […]

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 […]

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