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The Litigation Consulting Report

One Possible Pitfall in Telling a Story at Trial

Posted by Tony Klapper on Wed, Oct 26, 2016 @ 02:56 PM

bad storytelling jury pandering talking downby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

We have always emphasized how important it is for a trial lawyer to organize his or her case so as to tell a consistent and convincing story to the jury or judge. In making that recommendation, we draw on experience and common sense, as well as on science that indicates that human beings are wired to follow intriguing stories and to look forward to their ultimate resolution.

“Storytelling is essential to winning trials – and that goes for mediations, arbitrations, and hearings, literally anywhere you must connect with an audience,” we have written. “Whether it’s your story or not, a story will inevitably emerge during a trial. Mock trials and focus groups have repeatedly shown that when a jury has two camps representing the two sides of the case, each camp will have a fairly consistent story that it endorses and clings to. Consistently, we find that those stories are short, that they fit with common sense, that they borrow some of the salient facts from the trial, and that they are complete tales, with a beginning, a middle and an end – including what happened and what should have happened.”

A story removes a case from the realm of the strictly legal and makes it personal. It humanizes one’s client and helps a jury identify with the client. But can storytelling go too far as a technique of persuasion?

Not long ago, I had the opportunity to meet with several lawyers at an outstanding law firm that is known for its trial expertise. One of the partners raised an interesting issue with me: Can the process of storytelling at trial cross the line into pandering, a contrived appeal to a jury’s emotions that ultimately causes the lawyer to lose credibility? In discussing ways that a story can be told effectively, I had given the example of a case on which we had worked with a client with a remarkable personal story; the client, who was Jewish, had barely escaped Nazi Germany and had built a successful business. This bit of history was not directly relevant to the claims in the case. Did we go too far in focusing on it?

That’s a very valuable question, and there’s no clear answer. It’s a matter of human emotion, so the answer is that it depends. I recommend that when there’s any question of perceived pandering or manipulation, you should “pressure test” the story in advance with some thoughtful people. They could be members of a mock jury, or simply one’s spouse, friend or co-worker. How does the story sound? Does it make the complex legal dispute come to life, or does it talk down to the jury in a way that will turn the jury off or even cause them to resent the client or even me the lawyer?

You as a trial lawyer may fall in love with a story, but that’s not the last word. A jury may see it as manipulative even if that’s the furthest thing from your mind. So test your stories in advance. Your credibility may depend on it.

Other A2L Consulting articles and resources related to storytelling in the courtroom, what makes a great story, and persuading a judge or jury include:

A2L Consulting's Storytelling for Litigators 3rd Ed E-book

Tags: Trial Consultants, Jury Consulting, Mock Trial, Trial Consulting, Jury Consultants, Storytelling, Persuasion

From the Hot Seat: To Use or Not to Use Trial Presentation Software

Posted by Alex Brown on Mon, Oct 24, 2016 @ 02:42 PM

david-goliath-trial-presentation-trial-director.jpgby Alex Brown
Director of Operations
A2L Consulting

While I was working on a case with one of our clients, it came to light that the opposition was using a trial technician for trial. At first our client did not want to bear the expense and did not feel that the case lent itself to the use of a full-time “hot seat” operator.

I asked the client a few questions:

  1. What percentage of potential jurors carry a smartphone?
  2. Of that group, how many have tablets?
  3. Of those people who are “connected,” how many will be impressed by the flash and professionalism of a skilled trial tech?

As you would expect, the numbers were high. It was obvious to everyone that if you are on a case and one side is using trial software, you have to match the other side or be left in the dust.

People expect to see technology in the courtroom, appreciate the effort if it is made, and do not understand if one side does not use it. If your opposition is using modern technology and you are using the overhead and drawing on flip charts, your message will be lost.

In this instance, we helped our client find a solution that did not permit the opposition to make it look unprepared and unprofessional.

Here are 10 good rules for using trial presentation software to the best effect. 

  1. Provide training. Make sure if you are going to use it, know how to use it or find someone that does. The software is designed to make your presentation effective and seamless. If you are not getting that result, bring in someone who can.
  1. Use the right tool. Sanction, TrialPad, TrialDirector (laptop or iPad), and OnQue are the top platforms today. Use the one that’s best for you. Ninety percent of trial teams that use this type of software use TrialDirector, simply because it works. This should not take away from the other platforms. Sanction has improved, and OnQue is the new kid on the block and seems to handle video much better than the alternatives. But comfort is paramount, so use the platform that is most comfortable to the one presenting. Remember, you are not the one running the presentation. They are there to support you.
  1. Know the court. Each court has its own rules. Sometimes a judge will not allow technology at all, and sometimes the technology built into a courtroom will not work because it is outdated, so know the court and their rules. For example, see 5 Secrets for Trying Cases in SDNY.
  1. Don’t procrastinate. Sometimes you have to make last-minute changes, but it’s always better to have your video clips, PowerPoint decks, and exhibits/demonstratives done early. Not just because you do not want your team putting these things together in the middle of the night just before trial but mainly because you need the time to practice. See, The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation.
  1. Run everything through and video record yourself to see how it all looks and works. This also permits you to build a level of comfort with your trial tech and allows you to see how the software handles your clips, decks, and images. Remember, you don’t need to be worrying about anything more then you already do.
  1. Build in redundancy. Everything in twos. Two machines, two switches, two of every cable, and sometimes two techs. This depends on the scope of the case, but a backup operator can be a lifesaver when a case lasts longer than three weeks. Life happens. Have someone ready to pick up the ball if somehow it gets fumbled. Anything can happen to a person or a piece of technology if you give enough time, so be ready with a backup.
  1. Either/or is a great concept. Trial boards, handouts, and physical models are still useful. Use them along with your modern presentation software. In court is not where you need to learn how to use them or which one works better.
  1. Make a key. Make sure you create a set of naming criteria to name everything you are going to use, and do not deviate from those criteria. This will allow everyone on the team to know where things are and to know where to look for that unscripted document/clip. Do not make it a hard key where they need to look in a book to find the location. Make it easy because then it is faster and it will make you look more professional.
  1. Think of part-time help. If you simply cannot have a tech there every day, one option is to have someone do it on certain days. Opening, the testimony of experts, or closing – the days that may matter most.

  2. Set hot keys. Most programs will allow you to set up hot keys or short cuts. Figure them out and use them. Three seconds is a lifetime when you are waiting for someone to show a call-out or even just bring up an image. It makes you look unprofessional and gives strength to your opposition.

Other articles from A2L Consulting focused on trial technicians, hot seat operators, and trial presentation software include:

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Tags: Trial Technicians, Trial Consultants, Trial Presentation, Hot Seat Operators, Trial Technology, Trial Director

5 Reasons Why Jury Consulting Is Very Important

Posted by Tony Klapper on Tue, Oct 18, 2016 @ 03:45 PM

iStock_50484796_SMALL.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

When I was a practicing lawyer, trying high-stakes cases in the major law firm world, many of my colleagues would often cast doubt on the need for jury consultants and mock trials. They would say that as experienced trial lawyers, they already had a good feel for a jury and for the art of persuasion. In addition, lawyers would argue that very few reliable conclusions could be drawn from the attitudes and outlooks of a small number of mock jurors. Actually, this is a rather short-sighted way to approach the topic. A jury consultant can add immeasurable value to a trial team’s efforts in any number of ways. Here are five of them: 

  1. Theme development. Working with a mock jury provides invaluable research into what themes will work with the actual jury and what themes will not work. The mock jury will get a chance to hear several proposed themes for your side, as well as the way in which the opposition can be expected to rebut those themes. Interviewing the mock jurors will shed considerable light on what works for them, emotionally, and what does not.
  1. Message clarity. Many lawyers on a trial team get lost in the weeds and develop countless lines of information without any concern for whether they contribute to their side’s main narrative. It is very easy to review documents for their own sake without any consideration of why they should care about the documents. A mock trial will force all those attorneys to focus on the facts that really matter to their case and will provide the needed discipline.
  1. Development of visuals. A mock trial is a trial run for your visuals as well as for your theme development. It’s a way of “pressure-testing” the litigation graphics that your side has planned to use and seeing if they work in the real world. Ask your mock jurors whether or not the proposed visuals did enough to make the complex ideas of the case easy to understand for a nonlawyer. If they jurors are still perplexed about your case, they will tell you that in no uncertain terms. Be prepared to ditch the graphics that you have been using and to develop different ones, or to add new ones.
  1. Juror attitudes. After a mock trial, you will have a much better idea of what kinds of people are not going to be good jurors for your side. By interviewing the jurors after the mock, you will get a sense of whose world view will fit in perfectly with your message and whose view is quite the opposite to your message. You will never have a real jury that’s 100 percent on your side, but a mock trial will help you increase that percentage. Those jurors who see the world the way you do can and will be your “advocates” on the jury during deliberations.
  1. Support for your recommendations. Sometimes you as a trial consultant will have some difficulty getting your client to accept your view of the case. A mock trial can provide the support that you may need. A mock jury is another set of eyes that will evaluate your case independently and may see things the way that you do. In any case, a mock trial is a good way for everyone on your team to park their egos and listen.

Articles from A2L Consulting about jury consulting, mock trials, litigation consulting, and trial consulting: 

Jury Consulting Mock Trial


Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Mock Trial, Demonstrative Evidence, Juries, Jury Consultants

Visual Metaphors, Analogies & Persuasion: Convince to Win

Posted by Jeanne Cannarozzi on Wed, Oct 12, 2016 @ 02:08 PM

metaphor-analogy-lawyers-courtroom-elephant-room.jpgby Jeanne Cannarozzi
Business Development Manager
A2L Consulting

Trial teams often struggle to find just the right analogy or metaphor to help convince a jury. As persuasion consultants, our role is very often that of finding options for analogies or metaphors for a trial team to consider. It's one of those times when our office looks a lot like an advertising agency with a group trying to brainstorm. I want to share some resources used by our team in coming up with good techniques for trial teams to use.

Aristotle posits that analogies "give names to nameless things.” Cognitive science has proved that humans process new, unfamiliar concepts and understand them by comparing them to familiar concepts and experiences. The concepts of “analogical reasoning” and “analogical transfer” as described by Dr. Dedre Gentner and her co-authors [PDF], and many other researchers in the field of cognitive science, have helped us understand that human cognition is inherently metaphorical.

In the same fashion, analogies are used to convince the judge or audience by presenting similarities between two things that are otherwise not alike. The use of full case-based analogies involves more criteria than does the use of metaphors, such as the jurisdiction, the number of relevant cases that speak to the issues, and the facts and relevant laws.

A visual case-based analogy can be very effective and even crucial in science-based cases by demonstrating the connection between the present case and a favorable outcome in a prior case -- most persuasively from the same jurisdiction as the present case. You can think of the connection itself in this type of analogy as a definitive road map with a very direct route, no detours and a known destination. 

Metaphors are used to show a hidden or implied connection of two different things, ideas, or activities by symbolically representing the similarities and relationships between them. There is an inherent creative freedom in the use of metaphors because there are many ideas, behaviors, images, and expressions that have a universal meaning. Litigators can introduce metaphors to make comparisons and to point out subtle similarities between the present case and a previous case.

We have used each these techniques in litigation frequently and have written some useful articles in the past about each. 

  • Visual metaphors: In this article, Courtroom Exhibits: Analogies and Metaphors as Persuasion Devices, we write about this powerful tool. In general, these tools are very persuasive as they connect something that people already understand to something complicated about the case before them. Unlike a verbal metaphor, a visual metaphor is harder to split.
  • Analogies and Metaphors: We've created lists of lists of analogies, metaphors and idioms that help us and the lawyers we work with to find just the right tool for a particular case. In this article, Lists of Analogies, Metaphors and Idioms for Lawyers, we list some of those.

Other free articles from A2L Consulting discussing how to convey complex concepts, use litigation graphics to persuade, and influencing decisionmaking with pictures:

mock jury webinar a2l kuslansky  

Tags: Trial Graphics, Litigation Graphics, Courtroom Presentations, Demonstrative Evidence, Presentation Graphics, Persuasive Graphics, Visual Persuasion, Persuasion

Should You Read Documents Out Loud at Trial?

Posted by Ken Lopez on Mon, Oct 10, 2016 @ 01:58 PM

reading-documents-call-out-trial-style.jpgby Ken Lopez
A2L Consulting

I’ve seen a great many lawyers read documents aloud at trials, and, not coincidentally, I’ve seen lawyers lose cases in part because they did so. Both experience and the science of persuasion tell us that reading documents to a jury is a persuasion killer. But of course there are times when you absolutely need to read a document out loud. This article will help you find the best ways to do so when it is necessary.

There are at least five good reasons why reading documents out loud is harmful. I will go through them, then offer three guidelines for reading passages of text to a jury or judge when it is necessary. After all, it’s hard to imagine trying a contract case without reading the key provisions of the contract.

  1. The split-attention effect/redundancy effect is easy to recognize, and we've all experienced it. In summary, if you are presented with a written document and it is read to you at the same time, your brain will have a hard time sorting out whether to read or to listen. What you might not know is that you actually end up far worse off reading written materials while seeing an image of those materials than you would have if you had just done one or the other -- read the materials or listened to the words. See The Redundancy Effect, PowerPoint and Legal Graphics.

  2. Related closely to the split attention the fact is the fact that people read faster than you speak. So if you present both formats, whether you know it or not, you have just started a little competition with your audience. They try to read faster than you. See 
    Why Reading Your Litigation PowerPoint Slides Hurts Jurors.
  1. People have written books about why this is a bad practice. Just read Cliff Atkinson’s Beyond Bullet Points, www.beyondbulletpoints.com.
  1. There's more science about this than you probably think. Chris Atherton's work is superb on this topic, and here's a video about it. https://www.youtube.com/watch?v=OwOuVc1Qrlg
  1. If you read out loud to people, you'll probably bore them. See Could Surprise Be One of Your Best Visual Persuasion Tools?

So, now that you have an idea about why reading documents is bad, how do we deal with the fact that some documents just need to be read? To deal with that, you will likely have to embrace new habits and learn new skills.

First, assuming that you are presenting from Trial Director or PowerPoint, you're going to need to learn when and how to turn off the projector. In PowerPoint you do this by pressing the bulb symbol, which toggles the screen to and from a black screen. In Trial Director, assuming that you are making appropriate use of a trial technician’s experience and professionalism by having a technician run the equipment in the courtroom, just say, “Dim the screen please.” When you do this, the jury should stare at you and pay close attention.

Second, you should choose passages of text to read that are as short as possible. I recommend never reading more than a sentence or two.

Third, try to become comfortable with pausing and giving people a chance to read. Look at the document yourself and read along quietly in your head. You'll get a feeling for how long people need, and you will keep the factfinders engaged. If you now want to highlight some key language, highlight it and ask the jury to focus on that piece again, then pause again. Then dim the screen, briefly reread it and then explain why it's important. Scientifically, this is your single best approach to maximize persuasion. I acknowledge it feels different and tedious, but so once did washing your hands before surgery.

Other articles from A2L Consulting discussing presenting orally and with documents, the redundancy effect, and using science to persuade:

complex civil litigation ebook free

Tags: Trial Graphics, Litigation Graphics, Trial Presentation, Demonstrative Evidence, Presentation Graphics, Psychology, Redundancy Effect, Document Call-Outs

8 Habits of Successful and Persuasive Public Speakers

Posted by Alex Brown on Fri, Oct 7, 2016 @ 11:13 AM

iStock_40536788_SMALL.jpgby Alex Brown
Director of Operations
A2L Consulting

Nearly every person can recognize a successful and persuasive public speaker when he or she hears one. But it’s not always so easy to identify the specific traits that nearly all successful speakers share. As a longtime observer of oral advocacy and persuasion, I have compiled a list of the things that all speakers should do if they want their audiences to listen and care about what they are saying – especially if their audience happens to be a jury or judge.

  1. Start strong. As you know, your opening statement will win or lose the case. So it makes sense that the opening of your opening – the very first few sentences -- is vital. Use this as your chance to set the stage. The majority of people on the jury do not want to be there or see their jury service as a waste of time, so don’t waste their time. Catch them quickly and hold their attention. 
  1. Know your audience. Make sure you are speaking to your audience, and not at them. Do you understand their background, their culture, their education level, and their socio-economic standing? Can you identify who the likely leaders will be, and can you get them on your side? Do you already know who your advocates on the jury will be? Sounds hard, but if you have a top-notch jury expert, they can give you the ammunition to know these answers before you open your mouth. 
  1. Maintain eye contact but don’t overdo it. Many people, beginners and experienced speakers alike, have an unconscious tendency to skip or jump about with their eyes when they have many people that they wish to connect with. The problem is that if you flit like a butterfly, you can unconsciously convey insincerity, detachment or insecurity. The best amount of eye contact is two to three seconds per person, or long enough to finish your phrase or sentence. Longer can be uncomfortable also, so practice maintaining eye contact appropriately.
  1. Limit distracting mannerisms or tics. Everyone has at least one: clenching, wringing or flailing your hands, pacing, playing with change or your keys in your pocket, twisting your ring, holding onto the lectern like a lifeline, licking or smacking your lips, adjusting your clothes or twisting your hair -- the list goes on. Everyone has these, but, everyone can control them. The simplest way is to see them and watch yourself, so video tape yourself and watch. You will become aware of what you are doing physically, and you will be able to focus what you say in the process.
  1. Show enthusiasm. This is what an audience wants a presenter to show. They expect to be bored and even to be talked down to, so give them what they want by not giving them what they expect. Change your tone and speed to keep them moving with you. Make sure your demeanor matches what you are saying.
  1. Avoid death by data. Yes, we all want to be credible, we all want to make sure the audience has everything it needs to agree with us. But avoid killing your audience with too much logic, analysis, reasoning and numbers. You will never inspire or connect with your audience if you are just reciting fact after fact.
  1. Sometimes, because of nervousness or excitement, we can rush through what we want to say. Fight this urge. Someone I greatly respect often says to me that I speak so fast I should charge double per hour. That sounds great, but most of us simply cannot keep up. Once you lose your audience, it is seven times harder to get it back. Also, well-placed pauses can successfully punctuate your speech. Use them to make a bigger impact.
  1. Finish stronger. You have guided them down the path toward enlightenment. They are yours now – so how do you end? Writers say there are at least four good ways to end a story: with a plot twist, with an “oh no” moment that leads to an “aha” moment, with a return to square one, and with a real ending. In a trial, you want that real ending. Close the book. People tend to lose interest once the story has reached the conclusion, so don’t waste their time. Guide them, direct them, show them the choice and end.

Other A2L Articles related to public speaking, persuasion, and appealing to a jury include:

deliver great presentations inside and outside of the courtroom

Tags: Trial Presentation, Courtroom Presentations, Juries, Persuasion

The Top 5 Litigation & Persuasion Focused Articles of Q2 & Q3 2016

Posted by Ken Lopez on Fri, Sep 30, 2016 @ 03:25 PM

iStock_79502561_SMALL.jpgby Ken Lopez
A2L Consulting

In the first quarter of 2016, A2L Consulting reported record amounts of business and web traffic. Well, those numbers have only continued to climb throughout the second and third quarters of this year. High stakes litigation is booming across the industry, although it's not heavily concentrated in any one law firm or in any one business sector. 

Every year, more than a quarter million visits are paid to A2L's blog, The Litigation Consulting Report. Each year we publish more than 100 articles focused on highly specialized areas of persuasion science, jury consulting, high-stakes litigation, and the use of litigation graphics at trial.

To help our readership find the very best articles, we publish "best of" articles like this one throughout the year. Today, I'm highlighting the five articles that you, our readers, voted the very best of the past two quarters. I think each is a fascinating read.

How top trial teams and top trial lawyers behave5. 10 Criteria that Define Great Trial Teams: Our top trial experts at A2L seek to distill the essence of trial preparation and develop a numerical way to measure its quality and predict success.

top trial team trial lawyer traits4. 50 Characteristics of Top Trial Teams: We tell our readers what the unique characteristics of the top trial teams are. Some of them are quite surprising.

Better storytelling for lawyers3.  6 Ways to Become a Better Storyteller: At A2L, we share the results of our best thinking on storytelling at trial. What are the best time-tested techniques?

SPICE persuasion tricks2.  SPICE Is the Key to Persuasion: An expert on the art of persuasion identifies the key aspects of persuading juries or anyone else, summed up in the acronym SPICE.





PowerPoint tips and tricks1. 12 Things About PowerPoint You Probably Never Knew: A litigation graphics expert shows how little-known aspects of PowerPoint, far from being dull, can help persuade when creating PowerPoint trial graphics.




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Tags: Trial Presentation, Jury Consulting, Mock Trial, Litigation Consulting, Litigation Support, Jury Consultants, Articles, Trial Preparation, Jury Selection, Opening

How Many PowerPoint Slides Should You Use in a Typical Trial?

Posted by Ken Lopez on Mon, Sep 26, 2016 @ 01:45 PM

how-many-powerpoint-slides-too-many.jpgby Ken Lopez
A2L Consulting

How many slides should a world-class trial lawyer or trial presentation consultant create for use in a typical trial? That’s an interesting question that I hadn’t thought of until recently, when I had a fascinating debate with some litigators about this topic. One took the view that a trial with twice as many issues should require twice as many slides, even if the two trials are of equal length. I disagreed, and I think these litigators found my position confusing at first.

I told them that the presumption for any trial team should be to use as few slides as possible to make a point. More slides just create more complexity. And that inhibits persuasion.

There's a famous quote that has been attributed to many people, but it is correctly attributed to French mathematician Blaise Pascal: “I would have written a shorter letter if I had more time.” I think this sums up in many ways the goals of effective trial presentation. If you find yourself going to trial with 500 slides that you plan to use in a five-day trial, you are probably overdoing it. But people do that all the time.

I wrote about this topic in an article discussing how the PowerPoint slides that you do use are informed by the ones you don't. I think of it like a sculptor and Michelangelo’s famous saying how he could see the finished piece in the block of stone, he just needed to chip away the extraneous stones.

I do think trial presentation should work something like that. That's why it takes a long time to make a good presentation and why you should not find yourself at the end of the trial apologizing for not having written that shorter letter.

Here are a handful of best practices for any PowerPoint slide presentation with additional reading incorporated throughout:

  • Don't use bullet points. I've said this so many times that I'm nervous about over-repeating this stance. It's not the bullets that are bad, of course. It's that when you use them, you tend to commit all of of the PowerPoint slide sins that measurably and are scientifically known to diminish persuasion.

Other A2L articles related to using PowerPoint slides well in or out of the courtroom include:

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Mock Trial, Trial Consulting, Presentation Graphics, Advocacy Graphics, PowerPoint, Persuasive Graphics

Last Day to Vote: Best of Legal Times 2016

Posted by Ken Lopez on Fri, Sep 23, 2016 @ 12:43 PM

bestofthelegaltimes2016-lastday.jpgby Ken Lopez
A2L Consulting

A2L was thrilled to be nominated in a number of categories again in the “Best of Legal Times” competition. We have won in these categories before, and I'd love your vote today in support of us.

I think these types of surveys are very useful for lawyers to participate in by identifying the very best service providers to the legal industry whom they are familiar with, in any number of categories. Once the results are in and published, lawyers and law firms can use the survey results, which can serve as a handy shortcut for finding the best providers. This includes, of course, trial consulting, jury consulting and all the other areas in which A2L competes.

These surveys don’t replace the old-fashioned method of seeking out good references and using providers that you’ve had good experiences with in the past. But they add very useful information – the “wisdom of crowds” in the form of the opinions of hundreds of lawyers who have looked to these providers in the past.

We believe that we stack up with the top providers in our industry. This year, we were nominated as Best Trial Consultants, Best Jury Consultants, and Best Demonstrative Evidence Provider.

If you'd like to participate, follow this link and scroll (you can skip the rest) to questions 45, 46, & 49 - don't forget to press the DONE button at the end.


Thanks for helping to identify the best in the business. You've told us before that we are at the top of our industries, and I hope you'll do it again.

best of the legal times 2016

Previous related accolades:

Tags: Trial Graphics, Trial Technicians, Trial Consultants, Litigation Graphics, Trial Presentation, Trial Consulting, Demonstrative Evidence, Trial Technology, Trial Director, Awards, blog

[Free Download] Trial Lawyer’s Guide to Jury Consulting & Mock Trials

Posted by Ken Lopez on Wed, Sep 14, 2016 @ 03:19 PM

A2L Consulting

Today, we are publishing our latest free book -- A Trial Lawyer's Guide to Jury Consulting and Mock Trials.

This free 328-page book is based on the idea that even after some decades in which jury consulting has grown and established itself as a business, many lawyers still don’t necessarily understand what jury consultants do and how valuable they can be. Many lawyers probably still harbor the old idea that a jury consultant is just someone who sits next to a lawyer and uses a “gut feeling” based on a potential juror’s occupation, body language or appearance to ask the lawyer to exclude the juror or keep the juror. If that stereotype were ever true, it’s certainly not true today. We’re about as far now from the O.J. Simpson days 20 years ago as we are from the Perry Mason days.

This book is dedicated to bridging whatever conceptual gap may remain between trial lawyers and jury consultants. It pulls together many of the lessons that jury consultants have learned, so that any lawyer who reads the book can get up to speed quickly and save herself a good deal of money and time. We have been dismayed at times at the disconnection between long-held myths held even by seasoned litigators and what the data show.  Excellent trial strategies are the product of balancing art and science, data and wisdom, confidence and humility. 

Among the topics in this book are: 14 Places Your Colleagues Are Using Persuasive Graphics That Maybe You’re Not, Is Hiring a Jury Consultant Really Worth It?, Why Do I Need a Mock Trial If There Is No Real Voir Dire, 21 Ingenious Ways to Research Your Judge, 7 Videos About Body Language Our Litigation Consultants Recommend, 15 Things Everyone Should Know About Jury Selection and 6 Good Reasons to Conduct a Mock Trial.

A good lawyer knows the law. A great lawyer knows the jury and how it works. Read this book and reflect on its contents to know more than most trial lawyers do. This book is based on hundreds of trials and years of data, not mere theory or presumption. We hope you enjoy it and share it. Please send us your feedback and let us know if you have any questions or comments, any time. If you have any questions about a case, a witness, a jury pool, a venue, strategic options or dilemmas, or think your case is unwinnable, we’re only a phone call/email away and would love to hear from you. 

Jury Consulting Mock Trial

Tags: Jury Questionnaire, Trial Graphics, Trial Consultants, Jury Consulting, Courtroom Presentations, Mock Trial, Trial Consulting, Litigation Support, Juries, Jury Consultants, Trial Preparation, Jury Selection, Psychology, Body Language, Damages, Persuasion, Cognitive Bias

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Featured Complimentary eBook - The 100-page Antitrust Litigation Guide

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Featured Complimentary eBook - Leadership Lessons for Litigators and Litigation Support

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Featured E-Book: The Environmental Litigator's Guide to Trial Presentation & Prep

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KenLopez resized 152

Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.

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Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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