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Persuasive Litigator Blog

Articles: 1-10 of 512

Look Beyond Your Jurors’ Political Identification: Education Matters

USA - May 16 2022 Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with…

Witnesses, Don’t Create Obstacles to a Positive Perception

USA - May 12 2022 Witnesses, I’d like to have a word. You know the most important audience for your testimony — the jurors in the courtroom with you, or the future…

The Research/Practice Gap: You Should Continue to Prefer Live Testimony

USA - May 9 2022 I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid…

Embrace the Power of “You might be thinking…”

USA - May 5 2022 A seasoned trial lawyer stands in front of the jury, previews the critical argument, and then, making knowing eye contact with the jury, adds, “Now…

Address Anti-Expert Bias: 5 Ways

USA - May 2 2022 It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on…

Apply Two Tests to Any Battle Between Stories

USA - April 28 2022 It’s America’s case of the moment: Johnny Depp and Amber Heard, Hollywood’s former power-couple, now exchanging accusations of physical abuse in a…

Take the Medicine: Three Steps to Pre-empting Your Witness’s Bad Stuff

USA - April 21 2022 You have your witness on the stand in direct examination. You have finished laying out the positive story that you want to tell, but you have one…

Experts: Use Anecdotes, not Just Data

USA - April 18 2022 For those trained in the sciences, relying on illustrations or examples is not considered nearly as good as relying on data. If they call something…

Distinguish the Four Types or Phases of Witness Preparation

USA - April 14 2022 Experienced trial lawyers know it is important that their witnesses are prepared to testify. At the deposition stage, and even when the likelihood of…

Know and Apply the Best Practices for the Online Courtroom

USA - April 11 2022 Even if the pandemic is finally over, and even if it is the last pandemic we will ever experience — and both of those seem pretty optimistic — it is…