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Persuasive Litigator Blog

Articles: 1-10 of 109

The Right Introduction: Learn from Fiction

USA - September 7 2017 The cliché words, "It was a dark and stormy night," come from the opening sentence of the novel Paul Clifford by Edward George Bulwer-Lytton. And when…

Respect the Four Pillars of Persuasion

USA - September 4 2017 When we think of persuasion in the courtroom, we might think of the specific language of strategies, tactics, and themes. We think of particular…

Good Faith and Fair Dealing: Bring It Down from the Clouds

USA - August 31 2017 In a recent mock trial, the jurors deliberated on the meaning of the duty of good faith and fair dealing. The conversation went something like this:…

Don't Expect Better Memory from a Jury

USA - August 28 2017 It is conversation I frequently have when sending jurors off to deliberate as part of a mock trial. "Can we ask the attorneys questions about the case…

Expect a Majority of Your Jurors to Commit Online Misconduct

USA - August 24 2017 You know it is possible. As those jurors leave the courtroom with their mobile phones on a break or at the end of the day: They could be off on their…

Expect Support for Civil Litigation to Vary by Race and Social Status

USA - August 21 2017 Black Americans, especially but not exclusively those on the lower-economic rung, often have a different experience with police and the justice system…

Expect Bias Statements to be Unreliable and Often Overcorrected

USA - July 24 2017 Jurors and judges sit in court and evaluate credibility. They continuously assess who is telling the truth and who isn't. But what is the bias in…

Compensate for Dry Style or Dry Material: Seven Ways

USA - July 20 2017 Imagine this: Your success as an attorney or a witness requires a painstaking dig into the fine points of securities trading. Or offshore corporation…

Treat Your Social Profile Like Your Public Profile

USA - July 17 2017 "Careful what you email" has become a pretty important consideration in Washington lately, and not just for the politicians. This past week, Marc…

Be the Director of Your Witness's Direct Examination

USA - July 6 2017 When we think of the most exciting moments in Hollywood's version of a trial, direct examination isn't among them. The act of putting on your own…