The Litigation Consulting Report

9 Things In-House Counsel Say About Outside Litigation Counsel

Posted by Ken Lopez on Wed, Jan 21, 2015 @ 03:27 PM


what-inhouse-counsel-says-about-outside-counselby Ken Lopez
A2L Consulting

One month ago I wrote an article titled 9 Things Outside Litigation Counsel Say About In-house Counsel, and we recently included it in our free In-House Counsel Litigation Toolkit e-book. It is a popular piece read by several thousand people so far. Today's article looks at what is being said by in-house counsel about outside litigation counsel.

I've spent a lot of time talking with in-house counsel from large companies over the past two months. They have a lot to say about outside litigation counsel that I don't normally see reported in the popular press.

I expected to hear that outside counsel need to learn to manage budget and find ways to save money, since that's what I mostly read in legal publications. I heard some of that, but the feedback is more nuanced than simple price pressure, and the feedback speaks to a desire for more creativity from outside litigation counsel.

Of course, since I am most often talking to in-house counsel about jury consulting, litigation consulting and litigation graphics consulting, most of their comments relate to those subjects. With that in mind, here are nine things I've heard in-house counsel say about outside litigation counsel recently:

  1. "We have to stop deluding ourselves. At trial, the law is background noise." Big companies are frustrated with having the law on their side and still losing jury trials. As one in-house lawyer said to me, "it is clear that having a good story is important, as one can be right on the facts and the law and still lose." I agree completely, and we have made this point many times in our Storytelling for Litigators ebook and Storytelling for Litigators webinar. More and more, getting the story right is the focus of what A2L Consulting is hired to do as litigation consultants.

  2. Opposing counsel is often more trial-savvy than our outside litigation counsel. Defense-focused litigators from large law firms rarely go to trial, whereas their opposition in many types of cases like product liability, employment, securities and other case types, go to trial quite often. Plaintiff's counsel are quite comfortable relating to a jury, because they do it so often. Their experience comes across in their body language. Defense counsel must make up for this shortcoming with more frequent and repeated practice. Litigation consultants have an obvious role to play here in conducting structured practice, whether in front of a mock jury or more simply, in front of litigation consultants.
    mock jury webinar a2l kuslansky

  3. Gone are the days when one law firm would manage a relationship for the company, so some cost efficiencies get lost as a result. This includes how the company story is told from case to case and understanding the business well enough so that problems are avoided during litigation that might cause much bigger problems elsewhere (e.g. with investor relations or with marketing).

  4. In-house counsel want to hear outside counsel articulate a persuasive story for the case early, not only close to trial. You can add "the client is tired of it" to my list of The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation, because they are. Last minute trial prep makes bills higher not lower, and in-house counsel gets it. See, In-House Counsel Should Make Outside Litigation Counsel Feel Safe

  5. In-house wants to understand how persuasive the opposition's story is. Too often it seems, the strength of the opposition's case is not well described, internalized or properly assessed early enough. See 7 Reasons In-House Counsel Should Want a Mock Trial.

  6. "If a trial team says it has all the answers, it's time to find new outside litigation counsel." Working with litigation consultants makes sense for many reasons but particularly because of the rarity of trial for most litigators vs. the incredible frequency of trials for litigation consultants. In-house understands this point much more so than I imagined before interviewing so many recently. See Accepting Litigation Consulting is the New Hurdle for Litigators.

  7. In-house counsel wants to offer input on the story told at trial. Too often, in-house counsel gives feedback but, as one said to me, "some words may change, but the book stays the same." The benefit of practice with in-house included early is something I've heard over and over.

  8. Most litigators get locked into their approach, and what won cases thirty years ago, may not work today. We like trusted advisors who help us win, but they must prove that they change with the times. See, 19 Ways in Which the World Has Changed Since 1995.

  9. Litigation budgets are often best addressed through early case assessment. By analyzing whether a case should advance toward trial early on, money can be saved by settling early. Creativity here is especially important and is often hard to find. I think the work of author Dan Pink describing the role of creativity in the modern workforce is especially relevant here. See, Daniel Pink, Conceptual Thinking and Trial Consulting.

Other articles and resources related to the work in-house counsel, outside litigation counsel and litigation consultants do together from A2L Consulting include:

in-house counsel litigation toolkit e-book free download

Tags: Litigation Graphics, Mock Trial, Litigation Consulting, Jury Consultants, Trial Preparation, Pricing, Storytelling, Practice, In-House Counsel

Join the Jury - NLJ's 2015 Best of Survey is Now Accepting Votes

Posted by Ken Lopez on Tue, Jan 20, 2015 @ 10:38 AM


best-of-the-national-law-journalby Ken Lopez
A2L Consulting

There are many annual surveys that help rank law firms, specialty legal training programs and legal vendors and consultants. The annual Best of The National Law Journal is the crown jewel of these surveys.

A2L Consulting is honored to have been nominated and voted best litigation graphics provider and best jury consultants in this and other polls many times before. By voting in such surveys, I believe we make our industry better by acknowledging those who contribute to it the most.

While I would certainly be thrilled, honored, and grateful it if you would vote for A2L on questions #58 and #61 in the categories of Best Demonstrative Evidence Provider and Best Jury Consultants, I think simply voting is very valuable for all of us. Here is a link to the survey that is only open for a little bit more time. Note, not all questions have to be answered, but you do have to click the "Done" button at the end.

These ALM polls are quite credible since they are reader-driven and since gmail and other free email services are usually excluded from voting. Thus, you get very good insight from your peers regarding who is the best of the best.

Just a couple of months ago, A2L was voted #1 or #2 in all three of our primary service categories - jury consulting, litigation graphics consulting and courtroom technology/hot seat consulting - by the readers of LegalTimes, a sister publication of the NLJ.

Categories being voted on this year are quite diverse and include not only those areas where A2L works but also other areas like crisis management, lawyer business development coaches, litigation valuation, cloud-based practice management, ADR providers and more.

On the national stage of big ticket trials, we only routinely bump into our competitors FTI Consulting, TrialGraphix (recently sold again and collapsed into RLM) and DecisionQuest. I'm glad to see these good firms are nominated along with a host of others. I have to confess that despite being in the industry for 20 years, I've not heard of many of the others, but I do wish everyone good luck.

A2L Consulting is nominated in 5 categories this year - vote now!:

  • Best Jury Consultants (#58)
  • Best Demonstrative Evidence Provider (#61)
  • Best Trial Technology "Hot Seat" Provider (#62)
  • Best Intellectual Property Consultants (#15)
  • Best End to End Litigation Consultants (#11)

I'm really focused on winning in the jury consulting and demonstrative evidence categories as these are the most important categories to our customers. Here is what the questions #58 and #61 look like (click the image to go to the survey now). The whole survey should take no more than 10 minutes.



Thanks for voting everyone. It makes the entire legal industry better in the process.

best of the national law journal A2L Consulting  

Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Litigation Consulting, Demonstrative Evidence, Hot Seat Operators, Trial Technology, Jury Consultants, Survey

Boston, a Bomb of a Trial

Posted by Laurie Kuslansky on Thu, Jan 15, 2015 @ 11:46 AM


boston-bomber-dzhokhar-tsarnaev-trialby Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Want a change of venue? Think again. Judge O’Toole and the U.S. Court of Appeals for the First Circuit turned down the defense’s attempts to change the venue. Even though Boston is where the horrifying Boston Marathon Bombing happened, that is where the jury pool will come from to judge the surviving Tsarnaev brother, Dzhokhar.

Will there be enough jurors? Here, 1200 prospective jurors will complete a jury questionnaire of 100 questions to seat a jury of 12 jurors plus 6 alternates who, if left, deliberate as full jurors in federal court.

It is disconcerting that there are only 6 alternates for such a long trial, in flu season and the Boston winter, when jurors often get sick and/or drop out for other reasons in lengthy trials. It will likely take weeks to review the questionnaire responses and voir dire the pool. Then there’s the matter of how long the trial is expected to take (months), which is likely to take many out of consideration as they simply cannot afford that much time away from their lives. Those who are willing to serve that long are not likely pro-defense, but rather, folks who want to send a message. And last, but not least, they must be willing to consider the death penalty, if (read “when”) the defendant loses. It will be interesting to learn what, if any reason, prospective jurors give to show that they are neutral and have not pre-judged the case, especially since the community was on lockdown and glued to the news at the time for their own safety. It would seem that the better part of the U.S. – and certainly New England – has nothing but contempt for the defendant.

boston-bomber-dzhokhar-tsarnaev-trial-jury-trialDefense blunder #1:  It is presumed that the defense will try to assert that the younger Tsarnaev brother was misled by his older brother, Tamerlan, but one does not sport a goatee to appear young and powerless, nor show up in court with the hair of a madman to garner sympathy to defeat the death penalty. What a difference 21 months make.

With the stakes so high, the venue so personally affected, emotions so deep, eyewitness and video evidence so strongly favoring the prosecution, there is no room for the defense to lose an inch, but an inch is already lost. Add to that the apparent limit in control the defense counsel seems to have over its client.  

This is not a case of winning, but of who will lose the most.

Other articles related to jury selection, voir dire and jury questionaires on A2L Consulting's site:

A2L Consulting Voir Dire Consultants Handbook

Tags: Jury Questionnaire, Trial Consultants, Jury Consultants, Voir Dire, Jury Selection, Criminal, White Collar, Boston

Implications for 2015 Workplace Litigation, Voir Dire and Trial

Posted by Laurie Kuslansky on Mon, Jan 12, 2015 @ 12:22 PM


workplace-litigation-a2l-consulting-jury-consultantsby Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Q:  Per Glass Door’s 10 Biggest Job Likes and Gripes of Employees for year-end 2014,1 what do you think topped the lists of likes vs. gripes: co-workers or pay?

A:  Good vs. annoying co-workers topped the lists; good vs. low pay trailed in slot 5:

10 Biggest Job Likes of Employees
1. Great Co-workers
2. Work Environment
3. Good Benefits
4. Interesting Work
5. Good Pay
6. Work-Life Balance 
7. Flexible Work Schedule
8. Company Culture
9. Fast-Paced Environment
10. Smart People
10 Biggest Job Gripes of Employees
1. Annoying Co-workers
2. Poor Work-Life Balance
3. Poor Work Environment
4. Long hours
5. Low Pay
6. Management
7. Inflexible Work Schedule
7. Few Career Opportunities
8. Poor Company Culture
9. Few Training Opportunities
10. Little Fun


What are the implications for litigation involving the workplace and possible ways to avoid it? 

Can’t we all just get along?  Maybe not.

Employers may want to spend less time worrying about pay increases and pay more attention to the company their employees keep at their company. Perhaps you know that some people just don’t get along. If there isn’t a bad worker, just a personality conflict, forcing them to work it out may have been conventional wisdom, but offering alternatives may make more sense;

mock jury webinar a2l kuslansky  Who’s in the jury pool?  Everyone.

People who . . . 

  • . . . never worked outside the home
o   Students
o   Disabled
o   Homemakers
o   Stay-at-home parents
o   Dependent on others
  • . . . used to work outside the home, but don’t any more
o   Retired
o   Disabled
o   Homemakers
o   Stay-at-home parents
o   Unemployed because fired/RIF’d/quit
o   Dependent on others
  • . . . currently work full-time or part-time

Each type of potential juror has variations and potential baggage about the workplace that they bring to workplace litigation – either based on good or bad personal and direct experience or the lack of it (based merely on jaundiced or idealized beliefs). These beliefs color prospective jurors’ decision-making in trials that call upon their judgment of the workplace, the workers, the management, and events that took place there, allegedly. 

Work with Co-Worker Attitudes at Trial

Knowing how much of a premium people place on co-workers to make or break their satisfaction at work is something likely to be overlooked at trial. But knowing how prominent it is suggests exploring it. How? Remember that voir dire is for revealing detractors, not fans, so ask questions that reveal jurors likely to ally with your opponent. 

Good questions to ask in voir dire:

“Do you have any co-workers that especially ...
(defense:) annoy you?/(plaintiff:) make work more enjoyable?


Without naming names, can you explain?
How do you deal with it?
What is your overall opinion of your employer and work experience?
Based on what you’ve heard so far about this case, what comes to mind from your own experience?

Jury Selection

Say a prospective juror reveals a very positive/negative co-worker experience.  Is that prospective juror worth a peremptory strike or not?  To decide, you must factor in other traits about them (e.g., are they leaders or followers? Do they have strong opinions? Do they have a souring experience in the workplace?).  They may have very good or bad co-worker experiences, but have little weight on other jurors, and thus, do not over-value that single point. 


Throughout trial, from Openings, presentation of evidence, witness examinations and Summations, counsel has the opportunity to weave the notion of co-workers into the case to their benefit, whether because of strongly positive or strongly negative workplace atmospheres, and that is likely to resonate with jurors in 2015.

Despite the fact that Pharell Williams’s song “Happy” topped the Hot 100 Charts in 2014,2 a lot caused prospective jurors to be unhappy. The place to address that unhappiness is in voir dire and trial, if it isn’t addressed in the workplace first.

A2L Consulting Voir Dire Consultants Handbook


[1] at




Tags: Jury Questionnaire, Trial Consultants, Jury Consulting, Juries, Jury Consultants, Voir Dire, Jury Selection, Labor and Employment

ICYMI: New Voir Dire E-Book, CEO Interview and 6,000 Subscribers

Posted by Ken Lopez on Fri, Jan 9, 2015 @ 04:07 PM


A2L_Consulting_Top_50_Articles_cta_vertby Ken Lopez
A2L Consulting

It's been quite a week at A2L Consulting, and I want to share three pieces of good news and some valuable resources with you to round out the week.

Unbelievably, we crossed the 6,000 (free) subscribers threshold this week at The Litigation Consulting Report blog. I say "unbelievably" because we only just crossed the 5,000 subscriber mark three months ago. Clearly, publishing valuable information for the litigation marketplace is both something we love doing, and the marketplace loves reading our articles, ebooks and watching our webinarsWe remain grateful that the ABA honored us as one of the top 100 blogs in the legal industry. 

To celebrate this milestone, we are re-releasing our Top-50 Articles of All Time E-Book for free with no form to fill out. Just click here or on the graphic next to this article, and you'll be able to download the book instantly. These are 50 of our best articles out of 400 that we have published so far. It's a great resource for lawyers, litigators, in-house counsel and litigation support professional alike.

I also had a chance this week to be interviewed by famed litigator Mitch Jackson as part of his Human.Social project. The interview largely focuses on why A2L produces this blog and how it simultaneously creates value for our readers and for us as a business. Here is the recorded interview below:

A2L also had its most successful e-book launch this week out of more than 20 e-books so far this week. Most books that we release take several weeks or months to reach more than 1,000 downloads. However, The Voir Dire Handbook will have more than 1,000 downloads after only a few days of being published. That's amazing. You can grab your free copy by clicking here.

I hope this information is helpful to you and your business. I hope your 2015 is off to a great start. We plan to publish close to 150 amazing articles related to litigation and persuasion this year. I hope you'll sign up to be notified, whether instantly, daily, weekly or monthly, of new articles that we publish. Here's a link to a free subscription:

A2L Consulting Voir Dire Consultants Handbook

Tags: Litigation Consulting, E-Book, Articles, Voir Dire, Jury Selection

New and Free E-Book: The Voir Dire Handbook

Posted by Ken Lopez on Wed, Jan 7, 2015 @ 01:15 PM


a2l-consulting-voir-dire-consultants-handbook-small-ctaby Ken Lopez
A2L Consulting

Seven of the top ten web searches that lead to a visit to our website in 2014 were related to voir dire or jury selection. These are topics that we write about frequently and assist clients with often at A2L Consulting.

To respond to the obvious demand for information about voir dire, we are today releasing our latest free e-book, The Voir Dire Handbook. This 111 page book is comprised of 37 articles about jury selection, voir dire and related topics. Like our 20+ other litigation, persuasion, psychology and presentation-focused e-books, The Voir Dire Handbook is a free download with no strings attached.

Although attorney-run voir dire does not occur in every venue, some level of voir dire is almost always possible. Sometimes it's conducted by a judge. Sometimes it's run almost entirely by the lawyers. Because the composition of a jury can dramatically affect the outcome of the case, it is vitally important to get voir dire right and use whatever tools are available for doing so. Even in federal court, you often have more options available than many believe. 

This one-of-a-kind and brand-new book will be helpful to junior and veteran courtroom practitioners alike. Some of the topics covered include:

  • 7 Tips to Take Dire out of Voir Dire
  • 5 Questions to Ask in Voir Dire Always
  • 5 Voir Dire Questions to Avoid
  • Jury Selection: Should You Follow Your Instincts About a Juror
  • 10 Signs of a Good Jury Questionnaire
  • Why Do I Need A Mock Trial If There Is No Real Voir Dire
  • Jury Selection Experts: True or False?
  • 10 Ways to Spot Your Jury Foreman
  • and 29 other useful articles.

"Voir dire" refers to the process by which prospective jurors are questioned to uncover biases which may automatically require their rejection from jury service in a given trial (through strikes for "cause") or allow attorneys to deselect them from a jury (through "peremptory" challenges). The goal of voir dire is to eliminate jurors who pose the most risk to a client, whether in liability or damages. Those who are left constitute the jury.  Given how limited a client's control is over who shows up in the pool and, in some venues, the questions that can be asked, the ability to smart bomb, i.e., hone in on the worst jurors and get rid of them, is vitally important.

Proper voir dire is not something that one plans for the day before or even the morning of trial. In cases where what is at stake warrants it, months can be spent developing the best plan for jury selection through a mock trial process to learn the traits that mark adverse jurors and then ways to strategically incorporate that knowledge into the voir dire process.

The articles contained in this book share lessons my colleagues and I have learned from being engaged in thousands of trial and jury consulting engagements over careers that span many decades. We cannot tell you how many times we have observed attorneys making obvious mistakes in voir dire -- all avoidable, such as revealing their fans rather than their enemies, or talking more than listening, or asking one too many questions of good jurors. Don't be one of them.

You may download The Voir Dire Handbook by clicking here or on the image below. Your feedback and discussion are welcome and encouraged.

A2L Consulting Voir Dire Consultants Handbook

Tags: Jury Questionnaire, Trial Consultants, Litigation Consulting, E-Book, Juries, Jury Consultants, Trial Preparation, Voir Dire, Jury Selection

How To Find Helpful Information Related to Your Practice Area

Posted by Ken Lopez on Fri, Jan 2, 2015 @ 04:34 PM


practice-area-experience-a2lby Ken Lopez
A2L Consulting

Not every page, blog article, webinar or e-book on A2L Consulting's site is right for everyone. As the saying goes, what is everyone's favorite radio station? WII – FM, of course. Otherwise known as "what's in it for me?"

With hundreds of articles, dozens of e-books and hundreds of other pages, A2L's website has over 2,500 pages of valuable content. Sometimes, finding materials that are specific to your litigation practice area or need can be a challenge with all the available options.

You can search A2L's site or even browse by topic area using a topic list in the sidebar of every blog post. In spite of this, I still hear from a lot of people who wonder whether we have experience working in their specific practice area or where they can find useful information related to their practice.

I wrote this article to highlight some very useful information organized by practice area below. I've broken down the practice areas into 14 topics that cover most of the work we do. The alphabetical list with links under each topic should prove helpful when looking for the information most relevant to you.

Click here to Download a Free Litigation E-Book

Antitrust: Our work in antitrust often involves making complicated economic principles make sense to judge and jury. Working with experts is essential in these cases to help them develop a coherent story.

Banking, Securities & Finance: Our banking litigation work has most often included allegations of banking fraud, disputes involving CDOs or some other financial industry-collapse related litigation.

Bankruptcy: Our bankruptcy work usually involves advisory disputes or the failure of a large company.

Complex Civil Litigation: Many disputes we are involved in are contract disputes between large corporations. Goliath vs. Goliath litigation requires special care given the stakes and resources available to both sides.

Construction & Architecture: Architecture one type or another construction disputes typically relate to defects in construction or leasing disputes or construction delays

Employment & Labor: Our labor work often involves allegations of discrimination or other large scale labor disputes. Increasingly wage and hour disputes are finding their way to trial.

Environmental & Energy: Environmental work often involves discussing human health risk from a particular chemical or the migration of a particular leak.
in-house counsel litigation toolkit e-book free download

 Our international work often involves arbitration work at ICSID at the World Bank, at the ICC in New York or at some other venue around the world.
Life Science-Related: Science-focused topics dominate many forms of litigation. This includes disputes around pharaceuticals, medical devices, biotech and many products. Our challenge as a litigation consulting firm is frequently to make the material understandable for judge and jury.
Medical Malpractice: Our medical malpractice work sometimes involves showing how a surgery occurred and sometimes involves handling allegations of errors.
Patent, Trademarks & Copyright: Our are patent work is wide ranging and frequent, covering all lines of marketplace. About half of the cases we consult on are complex patent cases.
Product Liability: We have spent the last several decades consulting on everything from tobacco litigation to cell phone litigation to fracking litigation.These cases always involve detailed interaction with consulting experts and testifying experts.
Transportation (Aviation, Space, Automobiles, Trains and Ships): Although trials are rare since most cases tend to settle that involve a crash of planes trains or automobiles. More often transportation cases involve product liability or some other cause of action.
White-Collar & Criminal: Our work in criminal cases used to be restricted to basic white collar criminal work. Increasingly though, we are being called upon to consult on everything from campus sexual assault cases to murder cases.

Other articles and resources on A2L Consulting's site that relate to our experience by type of case and by type of experience:

mock jury webinar a2l kuslansky

Tags: Patent Litigation, Science, Environmental Litigation, Banking Litigation, Construction Litigation, White Collar, Labor and Employment, Product Liability, Antitrust Litigation

No Advice is Better Than Bad Advice in Litigation

Posted by Laurie Kuslansky on Fri, Dec 26, 2014 @ 11:27 AM


no-advice-better-than-bad-adviceby Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Often, celebrities and other litigants have entourages, a circle of advisors, and all kinds of ties with other people, so it is understandable that they will turn to them for advice when engaged in legal battles. The problem is that often those people have little to no experience or expertise dealing with this arena, but are chock full of advice, are motivated to jockey for attention and control, know which buttons to press with their friend/client to gain their consent for a course of action, but have trouble admitting they need help, may feel threatened to do so, and thus, misguide the litigant. We have seen this phenomenon many times with the same result . . . bad.

In an infamous criminal trial of a famous football star, the best and brightest jury consultants, armed by lots of good data, advised the prosecution and provided a solid and reliable trial strategy based on decades of experience plus case-specific mock-trial testing. Was it accepted? No. What was? The advice of a psychiatrist neighbor with no such expertise, prior (different) experience, and personal opinion. Result? Bad.

In a lesser known matter, a bookworm-style intellectual property attorney with no jury trial experience turned away mock-jury testing and the expertise of a jury consultant. He concluded they were outside his normal comfort zone of operating, and instead, replaced them with the advice of someone who saw things “his” way – i.e., ignored how real people decide these cases and what they cannot understand or use as evidence because they lack the cognitive ability, interest, or motivation to do so, and relied on dry, tedious, technical information and a deep understanding of the guiding legal principles to guide the jury’s decisions – which as warned and predicted all failed at trial. Result? Bad.

A well-known movie producer had a number of people hanging on to his coattails, enjoying the reflected glory of being in his inner circle. A new group of wannabes wanted to garner his attention and become his new entourage, replacing his old one. How? By claiming the others were mismanaging his business and that his best friend and financial supporter cheated him out of money. They knew that a great way to attract the attention of an artist is to alert them to the notion that they are being cheated out of money. And so, to no good avail, the producer sued his best friend. Result? You guessed it.

If your best friend was a dentist, and you had heart problems, you might ask your friend for a referral, but would you take their advice over a well-regarded cardiologist?! Of course not, but we see this pattern in litigation all the time. When heeding someone’s advice, make sure they are coaching you or your client based on more than your relationship, but on information, experience and expertise. If not, you may as well treat your heart with a dentist.

Other A2L Consulting articles related to high-profile clients, jury consultants and litigation consulting:

in-house counsel litigation toolkit e-book free download

Tags: Trial Consultants, Jury Consulting, Mock Trial, Litigation Consulting, Trial Consulting, Jury Consultants, White Collar, Witness Preparation

Top 14 Litigation Consulting and Persuasion-Focused Articles of 2014

Posted by Ken Lopez on Mon, Dec 22, 2014 @ 12:43 PM


litigation-consulting-articles-2014-top-14by Ken Lopez
A2L Consulting

It's been another unbelievable year at A2L Consulting.

I'm very proud to see us again be voted best jury consultants and best litigation graphics consultants. More than 20,000 free e-books and webinars were viewed on

Incredibly, there were more than 300,000 pages viewed our site this year. About two-thirds of those visits were to our award-winning Litigation Consulting Report blog that now boosts 5,800 free subscribers (that's more than 2,200 new subscribers since last year!).

On that blog, we will have published 115 articles by year's end. It's a few less than last year, but we have to confess, we were really busy being litigation consultants this year!

Each year I list the very best articles based on your readership, and this year 14 articles stand out as the top-14 for 2014. Each of these articles was read by thousands of people, and some were read by tens of thousands.

I notice more interest in jury consulting this year with "voir dire" being the most searched for topic on our site. Making great presentations and storytelling are always popular topics on our blog as evidenced by several related articles on this year's top article list.

One article stood out from the rest as the most popular. The Top 14 TED Talks Talks for Lawyers and Litigators 2014 received twice as many visits as the 2nd place article. I'm not surprised. It's the second time I've released a curated list of TED Talks for lawyers, and the previous article was a hit too. In this year's post you'll find an emphasis on good storytelling and good visual persuasion skills.

Each of the articles below has a link that will allow you to tweet that article or post it to LinkedIn. I think sharing content that has proven valuable to others and to yourself is something we can all do to elevate the quality of the litigation industry and the ways we persuade others throughout our lives. 

14. The Top 10 Tips for Selling Professional Services

share on twittershare on LinkedIn

13. What is Visual Persuasion and What Do You Need to Know About It?

share on twittershare on LinkedIn

12. Like It or Not: Likeability Counts for Credibility in the Courtroom

share on twittershare on LinkedIn

11. 2 Metrics Showing Litigation Shifting to Midsize Law Firms

share on twittershare on LinkedIn

10. 7 Ways to Avoid Making Your PowerPoint Slides Your Handout

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9. 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do

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8. Top 15 Litigation E-Books & Webinars from the Past 12 Months

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7. The Top 5 Qualities of a Good Lawyer

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6. 5 Essential Elements of Storytelling and Persuasion

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5. Witness Preparation: The Most Important Part

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4. 5 Voir Dire Questions to Avoid

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3. 7 Things Expert Witnesses Should Never Say

share on twittershare on LinkedIn

2. 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint

share on twittershare on LinkedIn

1. The Top 14 TED Talks Talks for Lawyers and Litigators 2014

share on twittershare on LinkedIn


  in-house counsel litigation toolkit e-book free download

Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Litigation Consulting, E-Book, Webinar, Articles, Storytelling, Visual Persuasion, Persuasion

[New and Free E-Book] The In-House Counsel Litigation Toolkit

Posted by Ken Lopez on Fri, Dec 19, 2014 @ 10:28 AM


in-house-counsel-litigation-toolkit-cta-smallby Ken Lopez
A2L Consulting

In recent years, I have seen in-house counsel become increasingly involved in litigation. Gone are the days when in-house would simply hire the top name litigator and hope for the best.

Today, in-house counsel help determine trial strategy, they closely manage budget, they assist in choosing litigation support consultants, and they sometimes take a leadership role on the trial team. However, since trials are relatively rare and not many in-house counsel are trial lawyers themselves, how are in-house counsel supposed to effectively contribute in a litigation environment beyond simply managing the purse-strings?

Enter this new and free book, The In-House Counsel Litigation Toolkit, a first of its kind for A2L Consulting. We have published more than a dozen wildly popular books over the last several years that have been collectively downloaded more than 100,000 times. However, this new 172-page book is the first A2L book designed for in-house counsel and their outside counsel. It contains 50 hand-curated articles focused on litigation and the role of modern in-house counsel.

Inside, you will find articles like:

  • 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do
  • 5 Signs of a Dysfunctional Trial Team and What To Do About It
  • Portray Your Client as a Hero in 17 Easy Storytelling Steps
  • 17 Tips for a Great Preferred Vendor Program
  • 12 Alternative Fee Arrangements We Use and You Could Too
  • 7 Reasons In-House Should Want a Mock Trial
  • 9 Things Outside Counsel Say About In-House Counsel
  • In-House Hiring Methods for Outside Litigation Counsel Are Surprising
  • and 43 other valuable articles.

In the litigation consulting industry, A2L Consulting is the top thought leading and quality leading organization. We have been consistently voted best jury consultants and best litigation graphics consultants, and our blog has been recognized by the ABA as one of the industry's very best. The authors of the articles in this book have collectively consulted on many thousands of cases over the last several decades. The articles contained here are one-of-a-kind expert-authored articles and have never been assembled together into a book.

I hope that you find the information in this book valuable, and I would welcome your feedback. You may download the complimentary book by clicking here or clicking the download image below. Enjoy and here's to a great 2015.

in-house counsel litigation toolkit e-book free download

Tags: Litigation Graphics, Trial Presentation, Jury Consulting, Trial Consulting, E-Book, Trial Technology, Trial Preparation, In-House Counsel, Alternative Fee Arrangements

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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

ryanflax blog litigation consultant 

Ryan H. Flax, Esq., Managing Director, Litigation Consulting, joined A2L Consulting on the heels of practicing Intellectual Property (IP) law as part of the Intellectual Property team at Dickstein Shapiro LLP, a national law firm based in Washington, DC.  Over the course of his career, Ryan has obtained jury verdicts totaling well over $1 billion in damages on behalf of his clients and has helped clients navigate the turbulent waters of their competitors’ patents.  Ryan can be reached at

dr laurie kuslansky jury consultant a2l consulting
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

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