This blog is dedicated to the proposition that those like me, who want to learn all they can about effective communication and persuasion, can take lessons from almost everything. Even the worst social situations can improve...more
As you look out at a panel of potential jurors during voir dire, there are many things you’re likely to wonder about them. Do they have any attitudes toward your client, or people like your client? Are they likely to...more
The current global coronavirus pandemic is a huge disruption to life in nearly every country and the explanations for it have gotten to the point that they’re as big as the disruption. Rather than believing that a virus in...more
As the coronavirus pandemic drags on and intensifies, courts around the country are moving toward reopening in fits and starts, with distancing, temperature checks, masks, and hand sanitizer. Some courts are also exploring...more
So your trial date has been kicked into indefinite future. Now, what do you do? Even as you reduce your time on the case, you still want to keep a foot in the door so that you are ready once things start moving again. Maybe...more
What do your potential jurors think about the necessity to follow the law at all times? While it won’t apply in all cases, it will apply to many. Recent protests against police brutality across the country have led to scores...more
7/14/2020
/ Bias ,
Civil Disobedience ,
Defense Strategies ,
Jury Questions ,
Jury Selection ,
Litigation Strategies ,
Protests ,
Questionnaires ,
Trial Practice Guidance ,
Trial Preparation ,
Voir Dire
When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature...more
As the number of our posts on attitude changes in the midst of the coronavirus pandemic reaches double digits, astute readers will note that there are some apparent inconsistencies emerging in the reports. For example, the...more
This past Friday and Saturday, June 26-27, an unusual exercise was held, exploring both the promise and the perils of a fully online jury trial. The Online Courtroom Project, which I am a part of, conducted an eight-hour...more
President Trump told the Wall Street Journal last week that Americans currently wearing face masks over their mouths and noses might be doing so, not so much to stop the spread of the virus, but to “signal disapproval” of him...more
As I write this, a crowd of Trump supporters is entering the BOK Center in Tulsa, Oklahoma, to attend the President’s first mid-pandemic rally. In other parts of the country, and at opposite ends of the political spectrum,...more
Okay, my title is purposefully provocative, but it is not an exaggeration. Based on a recently released, first-of-its-kind, comprehensive study on the effectiveness of voir dire following common practices in civil trials...more
With protests continuing in many major American cities, the civil unrest and violence has had a polarizing effect on the public. While some call for reform and for understanding of what motivates these marches, others call...more
Take a moment and visualize what your next in-person jury trial might look like. The jurors arrive at the courthouse and have their temperature checked while being asked whether they or anyone in their household have been...more
It has long been an option, but it is happening quite often now: The judge lets you know that if you want to move your case forward, we will need an online hearing using Zoom web conferencing or similar media. The experience...more
Only recently, we had a 24-7 news bubble on the coronavirus pandemic, and it didn’t seem like anything could break it. Now, however, our television screens are filled with scenes of protest and violent confrontation. The...more
6/5/2020
/ Bias ,
Defense Strategies ,
Juror ,
Jury Selection ,
Jury Trial ,
Litigation Strategies ,
Political Parties ,
Protests ,
Race Discrimination ,
Race Relations ,
Trial Practice Guidance
In the past couple of months, I have heard of just a couple of in-person mock trials that have gone forward. They’ve done so with temperature checks, massive social distancing, sometimes masked mock jurors, and generally...more
Sometimes greater confidence is the last thing a witness needs. When your fact or expert witness is arrogant, unprepared, or careless about their upcoming testimony, they might need a reality check through a preparation...more
Less than a year ago, in late 2019, the pharmaceutical industry came in dead last in a favorability contest with twenty-five other industries. According to that Gallup Poll, only a little more than a quarter of the population...more
Might a fear-based strategy have greater purchase in the present pandemic climate? People are certainly feeling scared and vulnerable these days. Even as states begin to relax the coronavirus stay-at-home restrictions, the...more
5/15/2020
/ Bias ,
Coronavirus/COVID-19 ,
Court Closures ,
Defense Strategies ,
Government Lockdown ,
Juror ,
Jury Trial ,
Litigation Strategies ,
State of Emergency ,
Trial Attorneys ,
Trial Practice Guidance
As our lives have shifted, so have our attitudes, and the current social context may be widening the distance between ordinary Americans and large corporations. It was never a close connection to begin with, of course, since...more
The Coronavirus is exaggerated, the fatality numbers are being cooked, and the media is just hyping the crisis for political reasons. The treatments are being kept from us, and the quarantine is just a dry run for an upcoming...more
During the current coronavirus pandemic, there have been individual differences in the degree of compliance with the social restrictions coming down from city mayors and state governors. As I have written, some of the support...more
What’s in a name? In the current pandemic, do you prefer to call it the “coronavirus,” or the “Chinese-” or “Wuhan-Virus”? In addition to that choice being a pretty good litmus test on your partisan leanings, the push toward...more
It is something you sometimes hear at election time: The names you’ve never heard on the state and local sections of the ballot actually have a greater effect on your life. But our attention is usually focused on the top of...more