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Persuasive Litigator Blog

Articles: 11-20 of 405

The Pizza Scenario: Expect Punishment to be Driven by Both Equity and Retribution

USA - March 11 2021 What drives the motivation to not just compensate but to punish? When it comes to considering the purpose and amount of legal damages, the defense…

Account for ‘Close Counterfactuals’ in Your Trial Stories: The Loser that Almost Won

USA - March 8 2021 How bad would it be if, after making it through a year of the pandemic with your health intact, you came down with the virus at the end: You almost…

Address the Causes of ‘Zoom Fatigue’ (and Audience Fatigue Generally)

USA - March 4 2021 It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular…

Preserve Decorum (in All Courtroom Contexts)

USA - March 1 2021 At this point, I will wager that we’ve all seen the hilarious video from the 394th Judicial District Court of Texas, where an attorney, unable to…

The More Things Change….Expect Many Similarities and a Few Differences in a Post-Pandemic Litigation World

USA - February 25 2021 We’ve now had quite some time to settle into the coronavirus and its social restrictions. If you are like me, you might have even developed a twitch…

Vaccine Alarmism: Learn Better Testimony from the Miscommunications of Science

USA - February 22 2021 Sometimes, in the task of communicating technical or scientific information to the public, something can be lost in the translation. Of course, that…

Appreciate the Nuance: Persuasion Isn’t Dead (Yet)

USA - February 18 2021 In the classic movie, Monty Python and the Holy Grail, there is a scene that is familiar to fans. It is medieval plague-ridden times, and a man pulls…

Help Your Virtual Jurors Pay Attention

USA - February 15 2021 At this point, approaching our quarantine anniversary, we have all done our fair share of business on Zoom. We know that keeping our attention on the…

Learn Visual Storytelling from the Second Impeachment Trial’s “Day in the Life” Video

USA - February 11 2021 As it was in the first time around, the result for Donald Trump’s second impeachment trial seems to be a foregone conclusion: There is no foreseeable…

Account for ’the Unpacking Effect’: Sums Are Less than Their Parts

Australia - February 8 2021 Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same…