So you’re conducting a deposition or cross-examination: Where is the witness? Are they right there in the room with you, or are they many miles away in a room with their computer? With the pandemic still raging across the...more
“You would agree with me, wouldn’t you doctor, that a physician should never needlessly endanger his patient, right?”
That is a recommended question, probably the main recommended question to plaintiff attorneys who are...more
We are, of course, still in the midst of the pandemic, and if the question is, “How are people feeling about that?” there is not just one answer. There isn’t even a good answer that can be accurately expressed as an average....more
As of press time for this post, 173,094 Americans have died from the novel coronavirus. If the United States had followed the example of other developed countries by taking earlier and more decisive actions against the virus,...more
As our court system looks at the possibilities for trials under the current pandemic conditions, it seems like we face a choice: Restart trials in person, with distance, disinfectants, masks, and barriers; or move the process...more
We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more
8/12/2020
/ Appeals ,
Bias ,
Boston Bombings ,
Criminal Convictions ,
Criminal Prosecution ,
Death Penalty ,
Defense Strategies ,
Judges ,
Jury Selection ,
Jury Trial ,
Litigation Strategies ,
Peremptory Challenges ,
Reversal ,
Transfer of Venue ,
Trial Practice Guidance ,
Trial Preparation ,
Vacated ,
Voir Dire
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
In courtrooms making tentative steps toward reopening to in-person jury trials, some of the parties have called for increased use of juror questionnaires, ideally filled out ahead of time either by mail or online. This makes...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
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
As a twice-weekly blog writer focusing on the social science of legal persuasion, I am thankful that during this medical emergency, the research has kept coming. Even as restaurants, bars, beaches, and schools have been shut...more
As a sign of just how serious the coronavirus pandemic is getting, the President has finally appeared in public with a mask. The precaution of wearing a face mask is still highly politicized, but it is slowly catching on. In...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