“We are not supposed to talk about this.” If you’re observing a mock trial, that is often something you hear from one of the mock jurors…just as they begin to talk about it: insurance coverage and attorneys’ fees. Strictly...more
In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before...more
Artificial Intelligence (AI) continues to evolve and to incorporate its way into our lives. Versions of AI now routinely tell Americans where to eat, what routes to take, and what movies to watch. Artificial Intelligence is...more
It was just about a year ago that we all started hearing about a novel virus originating in China. A few months later, as American courts ground to a halt, or moved forward haltingly, it started to create the backlog of cases...more
With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone...more
We have all used them. It might be a repeated word or phrase like, “I would say,” “it seems to me that,” or “like.” It might be a repeated sound like “uh,” “um,” “ah,” or “er.” Not all of the speech is content; some of it is...more
It’s an implicit mistake that lawyers can sometimes make. They’ll tacitly believe and behave as though, “Reasonable people think like I do.” The trouble is, that isn’t true. Other lawyers think like you do, but lawyers have...more
This past week saw some events most of us thought we would never see: A violent mob rampaging through the U.S. Capitol Building, shutting down a joint session of Congress in order to stop the Constitutional procedure of...more
In the case of any argument or persuasive appeal you are making, you can ask the question, “Who are you aiming at?” In a jury trial, your answer might be, “The jury, of course.” But who on that jury are you aiming at in...more
The damages category of “pain and suffering” is notoriously uncertain, at least in jurors’ estimation. The act of quantifying and monetizing a plaintiff’s subjective experience associated with a loss or an injury can be a...more
With the coronavirus levels still raging, trials in most parts of the country are still on hold. But as vaccinations begin to make their slow appearance, it seems to be the time to contemplate the near future, where...more
There is one question that is particularly important in the context of current high-profile jury trials in the midst of the continuing pandemic, but the question really applies to all trials: Why would we gather large numbers...more
With only a miserly share of current cases ending up in a jury trial, the story on the state of the American jury is definitely a tale of dread, but also one that still has a little light at the end if the right changes could...more
We know that perceptions of facts can be filtered by a strong partisan lens. Differing narratives regarding the recent election of Joe Biden and Kamala Harris have brought that into sharp relief. While a majority of Americans...more
Q: At the time you signed the contract, did you believe that all of your business partners had the capacity to comply with its terms?
A: Well, here is what was going on when I signed the contract: The business was growing...more
Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat...more
All the way back to my days as a public speaking professor and debate coach, I stressed the practical importance of a transition. The goal, I emphasized, is not just the formal nicety of appearing organized, but is rather to...more
Looking at the question, “What does a federal judge expect from an Assistant United States Attorney (AUSA)?” U.S. District Court Judge Michael H. Simon of the District of Oregon, in a recent issue of the DOJ Journal of...more
We all know by now there were errors in the pre-election polls. While Joe Biden still scored a decisive win, there wasn’t the dramatic margin that many polls predicted. Part of the problem is that the task of sampling the...more
In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study...more
When it comes to presentation style in the courtroom, there are definitely times to “bring the fire.” Impassioned rhetoric is best used sparingly, and after you have gained your audience’s trust, but when it fits, powerful...more
It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was...more
Earlier this week, I wrote about winning and losing with dignity. For this post, I want to take a closer look at the potential flip side of that. In the days since the close state elections reached an apparently clear result...more
After a tense few days of states counting votes while the public kept refreshing the CNN map, the 2020 Presidential Election has finally been called. And at least in the initial aftermath, we have seen starkly different...more
The 2020 election seems to be nearing the end of the vote-counting phase, with the final ballots in Nevada, Arizona, and Pennsylvania being tallied as I write. But one clear loser is already evident: the preelection polls....more