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No matter where you stand on the border wall dispute that has captivated the nation, you have to admit that it is an important debate. After all, $5 billion is a lot of money and who knows if the wall will really make a difference. But allowing between 200,000 and 2,000,000 people to easily enter the United States every year via the border with Mexico is probably not a good thing either. You probably just automatically identified yourself with one of those two previous sentences and took it as your position, right? The other sentence may have even made you angry or at least started you thinking about counter-arguments. In other words, like most political discussions, minds are rarely changed by more facts. It's kind of like a jury trial, right? You hear one side. You attach to it emotionally and then proceed to ignore evidence that is contrary to your new belief. In jury consulting-speak, this phenomenon is called confirmation bias. As a jury consulting firm, we've written about confirmation bias many times. See, for example: I’m Right, Right? 5 Ways to Manage Juror Bias Jurors Will Believe Anything (That They Already Believe) When Smart Ain’t So Smart - Cognitive Bias, Experts and Jurors Font Matters - A Trial Graphics Consultant's Trick to Overcome Bias Could Surprise Be One of Your Best Visual Persuasion Tools? 7 Ways to Overcome Cognitive Bias and Persuade However, A2L is not just a jury consulting firm. We’re also a top-ranked litigation graphics firm (and litigation consulting and trial technology consulting firm). So I'm always baffled by big disputes where the participants fail to use pictures effectively. In this day and age, there is no excuse. The science of visual persuasion is well established. See, What is Visual Persuasion and What Do You Need to Know About It?

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The Top 10 Litigation Articles of 2018

It's my eighth year writing an end-of-year top-10 style article. That feels pretty great because in that time, we have published more than 600 articles and A2L's Litigation Consulting Report blog has been visited one million times. Wow, right?

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Because (apparently), if we only had 15 more minutes, we could all save 15% or more on car insurance, GEICO has run a series of amusing TV commercials that imagine surreal sources of wasted time, including a Pictionary-playing sloth, Emperor penguins betrayed by faulty GPS, and an interstellar commander who loses his spaceship’s keys in the midst of an alien attack.

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I’m far from alone in asserting that Steve Jobs was an inspiration to many entrepreneurs and CEOs of all ages. For many of us, his contrarian thought process, rigorous attention to detail, and spectacular showmanship formed a model for how to innovate, run a business, and find new customers.  I tracked Jobs’ career during my college and law school days and went so far as to email him a couple of times to thank him for the inspiration that he provided to me. Over the years, his 2007 speech introducing the iPhone served as a model for me. It showed me how to make a presentation that is both informative and inviting. I’ve written about that here. Later, when I was preparing to deliver a commencement speech, I used his 2005 Stanford commencement talk as an example. Steve Jobs’ presentations were admired by many. But not as many people have looked behind his presentations to understand that level of preparation that was involved in each presentation. An article earlier this year from Inc. magazine said it very well: Every product launch was brilliantly performed. Every move, demo, image and slide was in sync and beautifully choreographed. If I sound like I'm describing a Broadway show, you're right. A Steve Jobs presentation had more in common with an award-winning theatrical performance than a typical product launch. Apple still uses the time-tested formula including the final secret ingredient: Jobs rehearsed relentlessly. Carmine Gallo, the author of this article, pointed out that Jobs’ presentations looked effortless precisely because he put so much effort into them. These ideas are totally in keeping with the conclusions that I have reached in three decades of observing trial lawyers. I’ve heard far too many first-chair trial lawyers claim that the reason they didn’t practice their opening statement relentlessly was because it wouldn’t appear spontaneous if they did. Quite the contrary; the openings that I have heard that appeared the most spontaneous were precisely the ones that were the most thoroughly rehearsed. Apparently, Steve Jobs shared that approach. His grueling hours of practice became legendary in the tech industry. The Inc. article, in analyzing the desirable amount of practice time, concluded that the ideal is the 20-20 rule, which means that for a 20-minute presentation, one should go through the whole thing at least 20 times. This is consistent with the conclusions that I’ve reached about trial practice. We like to use a rule that a 60-minute opening should be practiced for at least 30 hours. We all want to look relaxed, confident and conversational in making our presentations. That is a good instinct because that style is in fact persuasive, but the way to get there is not with last-minute cramming, an opening statement practiced privately in a hotel room with no one listening, or an off-the-cuff talk relying on a few bullet points. The best openings I’ve ever seen are the result of countless hours of practice — often done in one-to-one sessions with an A2L litigation consultant. As is the case with any presenter, practice is what separates good trial lawyers from great trial lawyers. You might say, great trial lawyers just “think different” when it comes to practice. Other free A2L articles about trial preparations, delivering great presentations, practice, and developing opening statements include: $300 Million of Litigation Consulting and Storytelling Validation Conflict check: Be the first to retain A2L 3 Ways to Force Yourself to Practice Your Trial Presentation Dan Pink, Pixar, and Storytelling for the Courtroom Practice is a Crucial Piece of the Storytelling Puzzle Three Top Trial Lawyers Tell Us Why Storytelling Is So Important Winning BEFORE Trial - Part 3 - Storytelling for Lawyers Free A2L Consulting Webinar: Persuasive Storytelling for Litigation Storytelling at Trial Works - But Whom Should the Story Be About? Free 144 page A2L E-book download: Storytelling for Litigators Free A2L webinar - Storytelling as a Persuasion tool The Magic of a 30:1 Presentation Preparation Ratio The Very Best Use of Coaches in Trial Preparation 12 Ways to SUCCESSFULLY Combine Oral and Visual Presentations 7 Ways to Draft a Better Opening Statement In Trial Presentation - A Camel is a Horse Designed by Committee The 12 Worst PowerPoint Mistakes Litigators Make 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere)

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Trial Lawyers, Relinquish the Clicker

It’s a phenomenon that I’ve seen countless times – renowned first-chair trial lawyers seeking to maintain hands-on control of their trial presentation by literally holding on to the clicker. Unfortunately, despite these lawyers’ sometimes desperate efforts to keep control, something almost always goes wrong in these situations. For example, lawyers can lose track of their place and get ahead of their presentation in PowerPoint or another form of presentation software. They can try to go back a slide or two and find that they can’t get back. They can even click around so wildly that they crash the software during an opening statement. As one can imagine, these scenarios can lead to a cascading meltdown for the presenter, who can become increasingly flustered. I’ve seen trial lawyers stop using their presentation software just because of an unanticipated “clicker crisis.” This level of crisis can be highly destabilizing for the lawyer’s team, as the lawyer’s frustration can spill over to the judge and jury. It can cause an immediate lack of credibility. At the very least, it can create distance between the trial team and the judge or jury, just at the moment when the team should be building rapport. The solution is remarkably simple. In a recent article, I wrote about Israeli Prime Minister Benjamin Netanyahu’s presentation concerning Iran’s nuclear capabilities. If you watched Netanyahu for even a few seconds, you noticed that he wasn’t controlling a clicker. He looked prepared, confident and convincing – and one reason for that is that he used the political equivalent of a trial tech or hot-seat operator to take charge of the clicker.

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by Ken Lopez Founder/CEO A2L Consulting Trial teams routinely spend tens of thousands, even hundreds of thousands of dollars, developing litigation graphics for a big case. They do this because litigation graphics are among the top five things that can affect the outcome of a trial. Over three decades and after thousands of conversations with trial teams about litigation graphics, I've watched some cases start off on the right foot and some on the wrong foot. That turns out to be critical. Frequently, the way an engagement starts between a litigation graphics team and a trial team will define the success of the engagement. So, here are 11 best practices designed to help your trial team get the first meeting (we call these meetings intake meetings) with your litigation graphics team just right.  Know your litigation graphics provider. There are two kinds. The first type is a true consulting or trusted adviser firm populated by litigators, jury consultants, and information artists. The second is really a group of order takers or trial technicians. How you behave toward each type of firm matters enormously. The latter type shouldn’t be considered for big-ticket litigation, so I won't further address how to handle them. Send the litigation graphics team the pleadings in advance. Great litigation graphics consultants can digest and synthesize enormous amounts of information. The sooner you send that information, the better. Time matters enormously. I don't think you can conduct a proper intake meeting in less than an hour. I've had some run eight hours. I think the right amount of time is probably about two hours. Advocate! This is a good chance for you to convince a group of people who don't know much about your case that you are right and you deserve to win. It's easy practice. 

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by Tony Klapper Managing Director, Litigation Consulting A2L Consulting In these pages, we have discussed from time to time the role of the “hot seat operator” or “trial tech,” the person who is tasked at trial with ensuring that the visual presentations go off without a hitch, enabling the trial team to tell its story smoothly and effectively. The job requires almost supernatural calm under intense pressure, an understanding of the essence of a trial, superb computer skills, and the ability to improvise when needed. It’s one of those jobs that, if it is done perfectly, the tech’s presence is never noticed. People only notice the trial tech when something goes wrong.

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by Tony Klapper Managing Director, Litigation Consulting A2L Consulting We spend a lot of time in this blog describing the best practices to use in persuading a jury or judge, explaining why they work, and encouraging lawyers to use them. But what if your best-laid plans go astray? Even the most exhaustive set of trial preparations can go unexpectedly wrong. Hardware can fail, judges can issue unpredictable rulings, courtroom technology can prove incompatible. Our advice is to always double check everything and always have a backup plan. Do you have a PowerPoint that you need to use at trial? Make sure that the video screen you’re going to use is sized correctly for your presentation. Did you bring the right cables? We once had a client who brought the wrong cables and, as the trial began, found that she couldn’t use her PowerPoint. Thankfully, she had a hard copy of her slides and the presentation went just fine. Is there enough RAM in the computer you’ll be using in court to show your exhibits? This may not be the same computer that you have used to prepare the exhibits. At the very least, have those exhibits printed out in case of disaster. And always keep the finalized slides on a flash drive with you. Also, make sure the PowerPoint version is the same or newer on the machine you are going to show it on, since conflicting versions of PowerPoint can sometimes cause issues with your slides.

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