Follow

Persuasive Litigator Blog

Articles: 1-10 of 457

Innovate to Keep Track of Information During Voir Dire

USA - October 21 2021 The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future…

Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity

USA - October 18 2021 Here’s an intuitive belief that many who work in the field of law might adhere to: More information leads to better decisions. Those who work in the…

(Sometimes) Reinforce a Higher Threshold for Cause Challenges

USA - October 14 2021 As you’re waiting your turn for voir dire, you notice that Plaintiff’s counsel is getting a fair number of potential jurors to admit that they might…

Add Context to Your Voir Dire

USA - October 11 2021 I came across a recent article in the publication Raw Story with the intriguing title, “There’s a big problem in opinion polling that mainstream…

Consider the ‘Message Effect’ of Inviting a Consultant to Help Your Witness

USA - October 7 2021 Arriving for the preparation meeting, the witness notices that there’s someone new in the room: a communications consultant. A non-lawyer visiting…

Understanding the COVID-Gamblers in Your Jury Pool

USA - October 4 2021 Every jury selection involves a variety of issues relating to how potential jurors could feel about the specific case. But there is one issue that is…

Compliment in Order to Persuade

USA - September 30 2021 I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to…

Gruesome Injury Photos: Consider the Halo of High Impact Evidence

USA - September 27 2021 After receiving many warnings from the court and counsel on what they’re about to see, the jurors are finally shown the injury photos. Some of them…

See the Social Roots of Bias

USA - September 23 2021 At the voir dire stage of a jury trial, the word “bias” gets used a lot. But do we really know what it means? The courts, in practice at least, hew…

The Civil Jury Trial: Treat the Crisis as an Opportunity

USA - September 20 2021 The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a…