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Persuasive Litigator Blog

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Let He Who Is Without Bias Cast the First Stone

USA - February 24 2020 Roger Stone has now been sentenced, following conviction on seven counts of obstruction, false statements, and witness tampering. But for the…

Experts, Know Your Eight Bases of Persuasion

USA - February 20 2020 What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication…

Remember, You Can’t Refute a Bias

USA - February 17 2020 Imagine that you have in front of you a Bernie Sanders supporter or a Donald Trump supporter. Go ahead and pick whichever one of those is opposite…

Consider the Contagiousness of Bias

USA - February 13 2020 The word “contagious” these days likely evokes fears of the rapidly spreading coronavirus. The concept has long been applied to cognitive biases, as…

Teach Your Jury ‘Epistemic Vigilance’

Global - February 10 2020 “One of the saddest lessons of history is this,” Dr. Carl Sagan once wrote, “If we’ve been bamboozled long enough, we tend to reject any evidence of…

Voir Dire on Admitted Liability

USA - February 6 2020 Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The…

Add Numeracy to Your Jury

USA - February 3 2020 Watching a mock jury deliberate about damages can give you the idea that when it comes to numbers, jurors can be a little random. For example, a jury…

Persuade With Your Voice

USA - January 30 2020 Trial lawyers are used to persuading with their arguments and with their evidence. But what about the voice? It stands to reason that tone matters…

Treat Your Credibility as Central, Not Peripheral

USA - January 16 2020 The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the…

Focus on the Focused, but also Deal with the Diffuse

USA - January 13 2020 Both theory and experience say that there are two kinds of thinking. One is focused thinking, zeroing in on a topic, analytically and systematically…