As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines...more
Those of us who work in trial preparation and case assessment are in a remarkable new reality as trials across the country are on indefinite hold. Unlike some past natural disasters and economic disruptions, the one is not...more
A few weeks ago, presidential primary candidate Joe Biden seemed to be on his way to a quick exit from the race. He didn’t have the crowds, didn’t have the stand-out debate performances, and most importantly, didn’t have even...more
Last week, I wrote about the defense team in the recent criminal case against Roger Stone, and their post-conviction focus on the alleged bias of the jury foreperson. More recently, I saw news of a parallel tack being taking...more
When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a...more
3/6/2020
/ Bias ,
Criminal Prosecution ,
Defense Strategies ,
Juror ,
Jury Selection ,
Jury Trial ,
Litigation Strategies ,
Questionnaires ,
Social Media ,
Trial Practice Guidance ,
Trial Preparation ,
Trump Administration ,
Voir Dire
The art of training legal advocates has a long and honorable history. For example, the Socratic method used in law school is still an unbeatable way to teach critical thinking. But what about trial advocacy? On that score,...more
“Love” may mean, “Never having to say your sorry,” but litigation does not mean that. In some defense cases, sure, what’s needed is an all-out answer that denies everything the plaintiff is saying. But in other cases, there...more
Roger Stone has now been sentenced, following conviction on seven counts of obstruction, false statements, and witness tampering. But for the political fixer and his legal team, the fight isn’t over. In a recent motion, they...more
What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication skills in teaching the jury? The research suggests that expert influence depends...more
Imagine that you have in front of you a Bernie Sanders supporter or a Donald Trump supporter. Go ahead and pick whichever one of those is opposite your own political views. Now, convince them that they’re wrong. Assuming that...more
The word “contagious” these days likely evokes fears of the rapidly spreading coronavirus. The concept has long been applied to cognitive biases, as well. Influential attitudes and experiences can also, like a virus, be...more
“One of the saddest lessons of history is this,” Dr. Carl Sagan once wrote, “If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The...more
Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The plaintiff really was injured, and there really was a step that was skipped on...more
Watching a mock jury deliberate about damages can give you the idea that when it comes to numbers, jurors can be a little random. For example, a jury might see a big difference between $500,000 and $1 million in one moment,...more
Trial lawyers are used to persuading with their arguments and with their evidence. But what about the voice? It stands to reason that tone matters, but does it matter enough to influence persuasion? Some attorneys, even while...more
This past week, the U.S. Senate impeachment trial started in earnest, and the House Managers began laying out the arguments underlying the two Articles of Impeachment. While opinions are divided on the quality of the...more
Litigators are used to arguing, refuting, and persuading. When it comes to selecting jurors, they’re also used to uncovering bias. But what is “debiasing”? While my spellchecker continues to reject the term, academics have...more
The chance to interview a juror is a precious opportunity. Whether it is a mock juror interviewed in the course of a focus group or mock trial, or an actual juror interviewed after they are dismissed at the end of trial, an...more
The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the arguments, and the law. Eventually, that attorney might get to the...more
Both theory and experience say that there are two kinds of thinking. One is focused thinking, zeroing in on a topic, analytically and systematically. The other is diffuse thinking, abstract and constrained only by association...more
The habit of sort of just filling in your speech with expressions of uncertainty, when you’re not really that uncertain, is probably a bad habit. I mean, I am fairly sure that these hedges cut down on your perceived...more
1/9/2020
/ Best Practices ,
Closing Arguments ,
Credibility ,
Cross Examination ,
Defense Strategies ,
Eyewitness Testimony ,
Jury Trial ,
Litigation Strategies ,
Opening Statements ,
Trial Practice Guidance ,
Trial Preparation ,
Young Lawyers
Harvey Weinstein goes to trial this week. Out of approximately eighty women accusing the former Hollywood mogul of sexual misconduct over the past few decades, two assault cases will be heard by a jury this week in Manhattan....more
1/6/2020
/ #MeToo ,
Bias ,
Criminal Prosecution ,
Defense Strategies ,
Jury Selection ,
Litigation Strategies ,
Questionnaires ,
Scandals ,
Sexual Assault ,
Sexual Harassment ,
Social Media ,
Trial Practice Guidance ,
Trial Preparation ,
Voir Dire
When you stand in front of a jury, laying out your opening story or closing your arguments, who are you talking to? “To the jury, of course.” Yes, but which jurors in particular? The conventional wisdom is that you should be...more
When we engage in arguments, perhaps on social media or even around the table at Christmas dinner, it is easy to notice that there is something different about those at the extremes. Extremists are so filled with confidence...more
Let’s say the client you represent in litigation did something wrong. And, let’s further say, that they understand that they need to admit it and ask a jury to get past it. There’s still a case to be tried: Maybe it focuses...more