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How to Persuade Jurors in Trial Using Their Own Voir Dire Feedback

To persuade jurors, you’ll need to offer a thematic story throughout the entire case presentation and through each witness. With the aid of a mock trial, you’ll know what themes resonated best and have a case story crafted around those themes. But that’s only part of the equation. In a trial questionnaire and during voir dire, your […]

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 […]

Will Jurors Hold It Against Me If I Object (Too Much) At Trial?

There is some prevailing wisdom out there that holds if one side or the other objects a lot at trial, that side will appear as though they are trying to hide something, therefore causing a loss in credibility with jurors. We can certainly empathize with this question, as it’s one our clients are often asking […]

Why Didn’t My Witness Do What I Told Him To Do During Witness Preparation?

It’s a universal experience. Nearly every attorney who has ever sat down for witness preparation before a deposition, or before trial, to provide clear instructions and guidelines about what to say/not say, or what to do/not do, has at some point found himself asking: “Why didn’t s/he listen to me?!” Recognize Testifying Is an Unnatural […]

SJQ: Making Changes to an Existing Juror Questionnaire

In previous issues of Insights, we have discussed the value of having a trial supplemental juror questionnaire (SJQ) and some strategies for improving the likelihood an SJQ will be accepted in a case. Sometimes, however, the question is not whether we should create an SJQ for use in trial, but how best to repurpose an […]

PART I: Characteristics for Improving the Credibility of Your Witness: Undesirable Verbal Witness Characteristics

What witnesses say through the course of their testimony can make or break counsel’s ability to effectively argue a case.  While a witness may have excellent credentials and a persuasive message to tell, his/her display of certain undesirable characteristics can cause jurors to not believe the witness, even when he/she istelling the truth. From our experience with witness […]