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The Litigation Consulting Report

[NEW VIDEO] 10 Litigation Tips from 3 Litigation Consulting Experts

Posted by Ken Lopez on Fri, Jun 22, 2012 @ 08:44 AM

10 tips for litigators from 3 litigation consultantsWhat are the absolute best practices in the trial support industry? What lessons can be learned from decades of experience?

Recently, three of A2L Consulting's top courtroom experts were interviewed about their combined 50 years of work in the industry.

Those interviewed were Ryan H. Flax, Esq., Managing Director, Litigation Consulting at A2L and patent litigator who has contributed to teams winning more than $1 billion of jury verdicts; Theresa D. Villanueva, Esq., Director, Litigation Consulting, who has experience consulting on more than 200 cases and worked in litigation at a major law firm; and Kenneth J. Lopez, Founder & CEO of A2L, who has worked as a consultant with every major law firm.

From their interviews, we culled 10 helpful tips for litigators and those who support trial teams. 


The six-minute video contains more details, but the 10 tips can be summarized as:

  1. Bring in your litigation graphics firm early in the case, early enough so that they can quickly get a good grasp of the facts. Don’t wait until the last minute.
  2. Test your case either via mock trial or a less formal setting. In particular, try to use mock trials and mock judges, and collect their input in an actionable way.
  3. Use a proven trial technician/hot-seat operator. A good one is one who works so far behind the scenes that the jury doesn’t even notice him or her.
  4. Use litigation consultants to help separate the forest from the trees. The trial lawyer will know all the facts but can get “lost” in the facts, and the consultant can identify the most important and convincing ones.
  5. Use of trial technology is now a requirement. Otherwise, you look as if you’re not fully prepared.
  6. Use your opponent’s materials against them. Not everyone does this, and it can help with the case.
  7. Match your presentation medium to the issues. If necessary, be prepared to describe highly technical processes through courtroom animation or other high-tech methods so that the jury can see as well as hear the explanation.
  8. Meet judges' and juries' increasing expectations of quality. People are so in tune with sophisticated media that if your presentation doesn’t match what they see every day online in quality of graphics, they will turn you off. You’re not in the age of typewriters and dictation any more.
  9. Plan for your courtroom constraints early. Is the courtroom wired? What’s the judge’s tolerance for technology?
  10. Take input from many sources. The world’s best litigators leave themselves open to great ideas from any number of places, and then they do what feels right to them.
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Tags: Trial Graphics, Trial Technicians, Trial Consultants, Litigation Graphics, Trial Presentation, Jury Consulting, Courtroom Presentations, Mock Trial, Litigation Consulting

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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.

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 kuslansky@A2LC.com.

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