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The Litigation Consulting Report

12 Reasons Using Trial Consultants (Like Us) Is Possibly Not Fair

Posted by Ken Lopez on Thu, Feb 16, 2017 @ 11:03 AM

unfair-advantage-trial-consultants-jury-graphics-technology.jpgby Ken Lopez
Founder/CEO
A2L Consulting

When I speak to an audience about the work A2L does (other than trial lawyers from large law firms), I sometimes hear the question, “Is the kind of work A2L does fair?” That is, is it fair to have trial consultants support a trial team and use the latest in persuasion science to advocate only one side of a case? In a group setting, my lawyerly answer is usually something like, “What does ‘fair’ mean to you?” Then we litigate the nuances of fairness.

What I really think, however, is that the work we do definitely tips the scales of justice in our client’s favor. Is that fair? Probably. After all, ferociously advocating one’s position using all available tools is one of the hallmarks of our justice system. But what if, as is typical, one side has a larger litigation budget than the other. Is it fair to have a firm like ours on one side and not the other?

I've heard others reply to this question by comparing the vast differences in trial lawyer quality and arguing that the system is designed to smooth these talent gaps out. I don't have a specific answer right now, so I I'll simply say that I think it's a fair question. Trial consultants do influence outcomes of cases, sometimes to an enormous degree.

Indeed, a branding firm, after surveying our customers and staff, once recommended that we use “Unfair Advantage” as our firm motto. I never really fell in love with the motto, and we didn’t end up really using it, but I understand the sentiment completely.

In more than 20 years and thousands of cases, I’ve never seen one that was not improved by the input of a trial consultant. I've seen losing cases turned to winners and damages swing in the billions of dollars. Consider 12 advantages that trial consultants offer – ones that your opposition might say are just not fair.

  1. A Fresh Pair of Eyes: Trial lawyers who like to get their answers questioned outperform those who are not open to much input. Trial consultants offer a safe place to bounce theories, narratives, demonstratives, voir dire strategies, trial presentation strategies and more off smart people who are on your side. See 7 Reasons a Fresh Pair of Eyes Are Beneficial Before Trial.
  1. An Experienced Pair of Eyes: If you've been in the litigation industry for decades like me, you've watched as trial lawyers who used to go to trial every year now go to trial only every three, five or even eight years. Meanwhile, trial consultants have moved in the opposite direction and often see dozens of trials per year. So high-performing clients and high-performing trial lawyers very sensibly rely on trial consultants to enhance the trial experience of the team. See With So Few Trials, Where Do You Find Trial Experience Now?
  1. Practice: One of my former colleagues turned judge was so right about this: “They call it the practice of law but nobody is practicing.” Trial consultants help trial teams practice effectively. This is critical because so few trial teams are really practicing. Those who don't practice in front of peers underperform others. Those who do, outperform most trial lawyers. It's so obviously correlated with good outcomes, I believe that the quality of practice is a reasonable proxy for the outcome of a case. See 3 Ways to Force Yourself to Practice Your Trial Presentation.
  1. Even Michael Jordan Had a Coach: Name an athlete or anyone at the top of their game and you'll likely find a coach who helped them improve. That's what high-quality trial consultants do. They help bring out the very best in a trial lawyer. See Accepting Litigation Consulting is the New Hurdle for Litigators.
  1. Getting the Right Jury: Most jury research we engage in has a voir dire component. Conducting a mock trial with a voir dire component massively influences how juries are picked, and the makeup of a jury massively influences the outcome of a case. We've even released an entire book on this topic. See New and Free E-Book: The Voir Dire Handbook.
  1. Persuasion Science with Visuals: Understanding how visuals persuade people is a surprisingly new science, and many new discoveries are being made. Trial consultants bring a level of understanding regarding visuals that is not present in a law firm. There are visual persuasion tactics that knowledgeable trial consultants can use to influence juries. See Could Surprise Be One of Your Best Visual Persuasion Tools? and 6 Studies That Support Litigation Graphics in Courtroom Presentations.
  1. Persuasion Science with Rhetoric: Similarly, there are rhetorical techniques such as the use of repetition and surprise that are now known to persuade juries. Just the way you start your opening will influence what a jury thinks. It's not malpractice to not know these things, but it is certainly not a good practice. See A Surprising New Reason to Repeat Yourself at Trial.
  1. Persuasion Science with Storytelling: We so often write about how storytelling can be used to persuade. We even recently interviewed some top trial lawyers and asked them how they use storytelling. Rely on a talented trial consultant and they will make you a better storyteller. See Three Top Trial Lawyers Tell Us Why Storytelling Is So Important.
  1. Trial Consultants Save You Time: You can delegate certain persuasion-related tasks to a trial consultant that allow you to focus on other elements of the case. This gives you a real advantage over opposing counsel who cannot do thisSee Trial Consultants: Unfair Advantage?
  1. No Lost Opportunity Costs: My mentor likes to advise me in my CEO capacity by saying, “Only do what only you can do.” This advice works well for a trial team too. If you're editing PowerPoint slides, you're disobeying this good advice. See How Valuable is Your Time vs. Litigation Support's Time?
  1. More Poise = More Persuasion: The way you carry yourself influences your persuasiveness. Watch this video from Amy Cuddy and read my article about her new book. Trial consultants help give you real confidence by supporting you as a trial lawyer and they can also advise how to do this in those situations where you just need to fake it. See A Harvard Psychologist Writes About Presenting to Win.
  1. Using Trial Technology Well: Many lawyers think they can use technology effectively, but not many really have this skill. A good trial consultant will understand courtroom technology and will help you get a leg up on the other side. See 12 Ways to Avoid a Trial Technology Superbowl-style Courtroom Blackout.

litigation consulting graphics jury trial technology

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Litigation Consulting, Trial Consulting, Demonstrative Evidence, Trial Technology, Psychology, Storytelling, Practice, Body Language

Using Litigation Graphics in Bench Trials: How Different Is It From Jury Trials?

Posted by Tony Klapper on Thu, Feb 9, 2017 @ 10:25 AM

judge-litigation-graphics-bench-trial.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

We’ve spoken here more than once about the fact that jurors, unlike most attorneys, tend to be visual learners who like to be shown, not told. The best way to show them what they need to know, as we have said, is through litigation graphics. Science has also taught us that the best way to keep a jury’s attention is by telling a story in the courtroom. These insights obviously have major implications for how trial lawyers should use the arts of persuasion in a jury trial.

What about a bench trial or an arbitration? Here, the decisionmaker is trained as an attorney. Do we toss out all that we know about jury trials and proceed in an entirely different manner?

Not at all. First, narratives are just as important in a trial before a judge as they are in a jury trial. Judges are human beings, and like all human beings, they have minds that search constantly for an organizing principle, a way to tame the vast river of information that flows to them in a trial. A narrative is the best way for them to do that. Even a brilliant judge who happens to be an aural learner, not a visual learner, needs some way to organize data. That’s where your narrative comes in. (“First this happened, then this happened, then something else happened.”) Not only does story-telling make the trial lawyer’s job’s easier by making his or her case easy to understand; it also makes the case easier to remember.

After all, judges are not computers. They come to any case with their human values, perspectives and predispositions. A narrative will help them connect the case with these values and will help them build a story in their mind, based on those values and on the information they receive at the trial.

The same is true with litigation graphics. Even someone who learns predominantly through aural or kinesthetic means can still find a chart or a timeline interesting and helpful as a way of organizing information. For example, in Markman hearings, which occur exclusively before judges, patent lawyers almost invariably present diagrams of the patent figure or blow-ups of the patent language. In hearings like these and in bench trials, a trial lawyer may sometimes need fewer litigation graphics, but that doesn’t mean that the lawyer shouldn’t use any at all.

Just as top trial firms often use mock juries to test their case on before the actual trial, they can use “mock judges” in the case of a bench trial. If their budget permits, they could find a retired judge, possibly someone who knows the judge in the case, and present their evidence before him or her.

They can ask the judge what types of evidence and themes were most convincing, and which demonstratives did or did not work. It’s another good practice in presenting a case to a judge who is the decisionmaker.

Other articles about litigation graphics in bench trials, mock bench trials, and mock testing from A2L Consulting:

persuasive storytelling for litigators trial webinar free

Tags: Markman Hearings, Trial Graphics, Litigation Graphics, Trial Presentation, Courtroom Presentations, Mock Trial, Demonstrative Evidence, Storytelling, Judges

NITA Experts Agree: Jurors Want Lawyers to Show, Not Tell

Posted by Tony Klapper on Thu, Feb 2, 2017 @ 04:43 PM

bored-jury-show-dont-tell-litigation-graphics.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

We have written many times about the fact that scientific studies have shown that nonlawyers (who are the vast majority of jurors) tend to be visual learners, and tend not to be auditory learners or kinesthetic learners –people who learn by experiencing. Lawyers (who are the ones who present facts and tell stories to jurors) tend not to be visual learners and are often drawn from the ranks of auditory or kinesthetic learners.

Of course, this can present an intrinsic problem that we have discussed before. If most lawyers like to tell but not show, and our audience, the jury, prefers to be shown something and not to be told, we may completely fail to connect with our audience.

It’s not just psychologists and other students of human behavior who say so; it’s also people who devote full time to understanding trial advocacy. The National Institute of Trial Advocacy (NITA) is a fantastic organization that represents the “gold standard” of trial advocacy. In addition to putting on outstanding CLE programs for newbie and experienced litigators, NITA also publishes many great books from scholars who have thought long and hard about advocacy.

In a famous NITA publication, Modern Trial Advocacy, author Steven Lubet connects the obvious aspects of our daily lives with what we should be doing in the courtroom. He writes: “We are used to receiving our visual information from a screen . . . Why would any trial lawyer not want to provide jurors with the same graphic quality and medium that they experience in most other aspects of their lives?” Flip charts are fine, but carefully crafted litigation graphics might be better.

Another example comes from an ABA-published book recommended by NITA speakers and written by Steven Easton called, How to Win Jury Trials: Building Credibility with Judges and Jurors. Easton says something that may be obvious but still needs to be stated clearly. He writes, “We live in a picture-based society that is dominated not by words, but by television sets, video cameras, movie screens, computers and photo albums.” His implicit message? Don’t just tell, SHOW! It’s even more true now that so many people get their news from Facebook and turn to Instagram every day for photos. 

Finally, there is this NITA-recommended example from a well-regarded trial advocacy scholar, Thomas Mauet, and his classic book, Trial Techniques: “Studies show that learning and retention are significantly better if information is communicated visually.” No question about it.

So we need go no further than NITA publications or those recommended by NITA, which for 40 years have helped countless lawyers understand how to try a case simply by doing it in simulated fashion. NITA and its writers and thinkers, top trial lawyers all, agree that showing rather than telling is the way to go.

Other A2L Consulting free articles and free learning resources about litigation graphics, jury psychology, trial advocacy, storytelling and demonstrative evidence include:

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Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Demonstrative Evidence, Juries, Psychology, Storytelling, Persuasion

How to Get Great Results From a Good Lawyer

Posted by Ken Lopez on Tue, Jan 31, 2017 @ 12:35 PM

litigation-consultants-great-lawyer-good-lawyer.jpgby Ken Lopez
Founder/CEO
A2L Consulting

Not all lawyers are created equal. It's amazing how hard it is for those outside the legal industry to understand this.

Many people regrettably believe that those human aptitudes that require creativity and skill are binary. Either you can design a house or you can't. Either you can knit or you can't. Either you have a singing voice or you don’t. And in that same vein, either you're a lawyer or you're not.

This is the wrong way to look at it. In all these areas, there are variations and gradations of skills. This is never more true than for trial lawyers. The distance that separates the satisfactory from the great is vast. I have met very few people who are great trial lawyers.

The challenge with great trial lawyers is that they know they're great, and they charge accordingly. So what should a client or company do when they want to get great results at trial, but they only have the budget to pay a lawyer who is good but not great?

It is possible to do that – but it requires a new type of thinking and a new way of looking at the legal industry.

I've written before about the characteristics of great lawyers, the characteristics of great trial teams, and the challenge resulting from the fact that very few trial lawyers have much trial experience these days. There's just no substitute for experience. No one is that smart, that well-educated, or that well-mentored.

This solution is going to sound self-serving, but the longer I work in the litigation field, the more deeply I believe it. It goes like this: In the modern era, clients and lawyers simply must learn to rely on expert litigation consultants. They are the performance-enhancing drugs that make good trial lawyers great and great trial lawyers unbeatable. 

To be clear, these litigation consultants are not trial techs or 20-something graphic artists. Those professionals are important too, but that's not who I'm talking about. Instead, these are trial-tested litigators or highly experienced Ph.D. consultants who routinely act as coaches to the best of the best trial lawyers. These are people who go to trial every month and operate with the best of the best.  

They offer a kind of assistance that is relatively new in the industry. They work with counsel to develop a compelling narrative. They help develop an opening statement. They prepare just the right visuals using scientifically proven techniques that enhance persuasion.

These litigation consultants are not easy to find. I'd be happy to recommend someone who is the right fit for you.

Other A2L articles and resources related to litigation consulting, storytelling, and the use of litigation graphics to persuade include:

litigation consulting graphics jury trial technology

 

Tags: Litigation Graphics, Litigation Consulting, Demonstrative Evidence, Jury Consultants, Storytelling, Opening, Midsize Law Firms, In-House Counsel, Persuasion

How to Use Litigation Graphics in Antitrust Cases

Posted by Tony Klapper on Mon, Jan 9, 2017 @ 09:29 AM

antitrust-monopoly-power-litigation-graphics.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

At first glance, antitrust cases seem like unlikely venues for the successful use of litigation graphics. Antitrust law has the reputation for being arcane, abstract and statistical, and to some extent the reputation is justified. After all, this area of law deals with the workings of supply and demand and other economic questions, and the issue is often whether competition (or potential competition) in a market has been suppressed in some way. These matters aren’t remotely within the daily experience of jurors. How can a litigator use graphics in antitrust cases to make them make sense?

It can be done. Earlier this year, a well-written article in Law360 (paywall) noted that “explaining the details of an antitrust case to a jury can be a daunting task, but lawyers who build a compelling narrative and communicate with a straightforward style stand a good chance of bringing the jury around to their client’s point of view, experts say.” The article suggested that “many jurors are visual learners, so economic evidence is most likely to stick when the spoken testimony is supplemented with visual aids.” We agree.

Rather than defaulting to showing images of statistical models or regression analyses, antitrust litigators should consider presenting their case with visuals that we are used to seeing on a daily basis. For example, maps are an excellent way to help jurors visualize levels of competition. A state or county could be colored lighter or darker, depending on the number of competitors present in a given year. The names of the competitors can be symbolized by their logos. The entry by a company into a given geographic area is well represented by an arrow, of greater or lesser thickness. “Before and after” maps are also very effective: Here’s how dense the market was before the merger, and here’s what it looked like afterwards. And so on.

Relatively simple graphic techniques, such as bar charts, pie charts and thermometer slides, can also be very useful. A bar chart can be used to show that prices stay the same (are inelastic) regardless of the degree of competition in a relevant market (or conversely, if you are the Department of Justice, that they change fundamentally). An animated pie chart might show that in a five-year period the market share of the largest companies decreased rather than increased as new entrants appeared, indicating that concerns about market concentration are overblown. A thermometer slide (also known as a growing bar chart) might show, by category of savings, how much in the way of efficiencies was achieved.

Of course, there are many other demonstrative tools available to the prosecution or the defense in antitrust matters. Venn diagram-like slides can be used to show a lot of (or a small amount of) overlap in products or services provided by competing companies that intend to merge. For the defense, showing little overlap highlights differentiation; for the prosecution, the opposite is true. Timelines, a useful tool for most case narratives, are also effective tools for presenting evidence in antitrust cases. Timelines, for example, can depict the time and effort that went into the companies’ decision to merge and to determine if efficiencies could be achieved. Or, combined with trend lines, they can be used to explain the factors that, over time, drove the decision to merge.

With a bit of creativity, the facts in antitrust cases will be no more difficult to present successfully to jurors than the facts in any other type of case.

Other articles and A2L resources about antitrust litigation, litigation graphics and related topics:

persuasive storytelling for litigators trial webinar free

Tags: Trial Graphics, Litigation Graphics, Demonstrative Evidence, Persuasive Graphics, Process Charts, Antitrust Litigation

The Importance of Litigation Graphics in Toxic Tort Litigation

Posted by Tony Klapper on Wed, Dec 28, 2016 @ 01:23 PM

iStock-456090227.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

If anyone thought the era of toxic tort litigation was coming to an end, they were wrong. The Environmental Protection Agency recently announced its priority list of 10 chemicals, including asbestos, that it is considering banning under the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Although it remains an open question how aggressive the Trump administration will be with safety regulations, the reality is that regulatory lists like this, and the inevitable studies that follow, often become a treasure trove of “support” for a plaintiffs’ bar eager to add scientific credibility to their legal claims.

This presents challenges for defense lawyers – especially given the continued currency of quasi-scientific principles or principles that are fine for regulators to rely on, but have no place in today’s courtroom, such as the “precautionary principle.” This is most evident with the mantra of “no safe dose” that asbestos lawyers and some environmental groups trumpet as justifying liability for even the most meager and infrequent of chemical exposures. Of course, toxicology, epidemiology and other scientific disciplines have exposed the fallacy of principles like “no safe dose” (after all, Paracelsus teaches us that “dose makes the poison – more about this later). But the appeal of the seemingly aphoristic “no safe dose” is tough to counter in court when an effective advocate plays to a jury’s fears and is buttressed by governmental pronouncements that, albeit for different reasons, embrace the notion that there is some theoretical, modeled risk from exposure to virtually any chemical.

So the task for the defense bar is how to convince juries to reject these and other fallacious concepts that serve as easy, digestible substitutes for the more complex elements of true causation.

This task requires more than just the hiring of well-credentialed risk assessors, toxicologists, epidemiologists and pathologists, and the deployment of powerful rhetoric. It also requires careful thought on the best way to persuade jurors visually that many of the concepts proposed by plaintiffs in toxic tort cases are indeed spurious. With some creativity, defense lawyers and graphic artists working with them can come up with ways to explain complex scientific concepts, such as exposure pathways and epidemiology, so that jurors can understand them.

A good example is the basic principle of toxicology that “the dose makes the poison.” This doctrine states that the amount of exposure to a substance is what defines the impact that that substance has on the human body. A moderate amount of water is a good thing. Actually consuming too much can kill you (hyperhydration). This concept should be relatively easy for lawyers and graphic artists to explain to juries without becoming overly technical and resorting to scientific mumbo-jumbo that will only confuse. 3-D and 2-D animations can be useful in this type of case, as can the simple bar chart or creative illustrations that analogize concepts like thresholds and total dose. Sometimes the simplest approach is the best.

Too often, when lawyers think about litigation graphics in toxic tort cases, they rely excessively on callouts of phrases in long-forgotten documents or hopelessly complicated charts presenting arcane data. If the message from the plaintiff’s lawyer is very simple – as in “this case is as easy as A, B, and C—Asbestos in Brakes cause Cancer” – the defense needs to respond with a similarly basic approach that will remain in jurors’ minds.

Other articles and free resources related to toxic torts, litigation graphics, teaching science, and environmental litigation from A2L Consulting include:

persuasive storytelling for litigators trial webinar free

Tags: Trial Graphics, Litigation Graphics, Demonstrative Evidence, Science, Environmental Litigation, Toxic Tort, Persuasion

Announcing A2L’s New Storytelling Webinar

Posted by Ken Lopez on Wed, Dec 21, 2016 @ 01:08 PM

persuasive-storytelling-for-litigators-cta-time.jpgby Ken Lopez
Founder/CEO
A2L Consulting

Tony Klapper joined the A2L team after a vibrant and successful career as a litigator at law firms like Kirkland & Ellis and Reed Smith. One of the reasons that he has meshed so well with the culture here at A2L is his penchant for storytelling, particularly as it applies to persuading in the courtroom.

In the past year, I've had the pleasure of watching Tony deliver private storytelling training sessions to litigators at many of the very top litigation law firms. And I have also had the distinct pleasure of watching him work with our customers, who are primarily large law firms engaged in litigation with hundreds of millions, or billions, of dollars at stake.

Having been in this business and having seen a lot of people do this kind of work for three decades, I can say with confidence that Tony is absolutely superb at combining the development of a high-quality narrative with high-quality persuasive visuals.

So it's with great pleasure that I announce an upcoming free public webinar on storytelling for litigators on Wednesday, January 11, 2017 at 1:30 pm (EST) - NOTE: Recorded version will be available after the event if you register. Everyone is invited to attend. All you have to do is sign up, and that takes about 30 seconds. Here's the link to register.So whether you're considering how best to tell a story in the courtroom for an upcoming case or just want to hear the latest techniques and science that relate to persuasive storytelling, you will want to attend this free one-hour session.

In this session Tony will be sharing techniques that he has learned in his more than 20 years of litigation – and techniques that we use at A2L to help trial teams and their experts maximize their persuasive ability in the courtroom.

click here to Claim Free Webinar Seat Now

Tags: Trial Graphics, Litigation Graphics, Demonstrative Evidence, Webinar, Litigation Support, Storytelling, Persuasion

Why You Should Pressure-Test Your Trial Graphics Well Before Trial

Posted by Tony Klapper on Fri, Dec 16, 2016 @ 02:55 PM

trial-graphics-mock-trial-pressure-test-focus-group.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

Quite often, law firms hire companies like A2L before trial to do jury research. That research usually takes the form of bringing in a mock jury, exposing the mock jury to the story that will be presented by both sides, and then engaging the mock jury in a single-day (and sometimes multi-day) focus group exercise to find out what aspects of the two sides’ presentations worked and what didn’t.

The central part of these mock jury events is the dueling “clopenings” that are put on by different attorneys from the trial firm – one embodying the narrative that the firm is planning on behalf of its client and the other representing the firm’s best estimate of what its courtroom opponents are planning to do and say at trial. A “clopening,” as the term suggests, is a combination of opening statement, evidence and closing argument that is typically used in a mock trial.

What many people don’t realize is that in addition to testing the plausibility and effectiveness of the narratives for each side, mock trials are a crucial way, indeed the best way, to test the demonstrative evidence that one intends to use at trial.

Testing the visual persuasiveness of the exhibits is very important. For one thing, it is a key step in the iterative process that creates better and more helpful trial graphics. Fine-tuning the demonstrative evidence before trial through a carefully planned series of assessments can only make the graphics more convincing. Subjecting the graphics to the thoughts of people who may be similar to the jurors in the jury pool is invaluable. For another, this procedure gives the mock jurors the opportunity not only to tell the lawyers which graphics worked for them, but also to suggest ideas for new trial graphics that can help illuminate the case. Mock jurors are likely to help identify “holes” in the set of demonstratives that can be filled in. They can do that because mock jurors are ideally situated to identify areas of confusion or gaps of knowledge that that graphics are well-suited to clarify or close.

Trial lawyers should always think of testing the arguments in the “clopenings” and testing the graphics as a single, seamless process. You simply can’t separate the evaluation of the narrative from the evaluation of the demonstrative evidence that is designed to support it.

Other A2L resources discussing trial graphics, litigation graphics, and using demonstrative evidence to win at trial:

pretrial trial graphics motions briefs hearings

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

The Results Are In for Best Trial Consultants

Posted by Ken Lopez on Wed, Dec 7, 2016 @ 01:17 PM

best-trial-consultants-best-of-the-legal-times-2016.jpgby Ken Lopez
Founder/CEO
A2L Consulting

I don't want this post to be purely self-congratulatory, but I do have some good news to share. I think it's relevant and useful news for litigators and litigation professionals.

A2L was just voted number one in the legal industry again. This time, it's in the category of trial consultants, in a poll conducted by the prestigious Legal Times newspaper. This accolade comes on the heels of being voted the number one jury consultant and number one litigation graphics provider in a variety of other national polls.

Here's why I think this information is helpful for our readers. Twenty years after founding A2L, when I look at our industry I see three or four firms capable of delivering truly top-class results in high-profile litigation. However, the view from the law firms seems entirely different.

If you Google any of our services like jury consulting, litigation graphics, or trial technician providers, we may very well come up first in many of these searches (for good reason), but there will be dozens if not hundreds of other providers listed for these services.

How is one expected to sort the wheat from the chaff? You can't tell from a Google search because it's obviously not a reliable indicator of who is a top services provider. You can't always tell from your colleagues either. Have they had have many excellent experiences with a provider, or just a one off -- or do they have a longstanding relationship with a provider without a reliable track record?

Well, it's exactly surveys like this one in Legal Times that provide an objective source from thousands of lawyers surveyed. And I'm proud to say that over the last five years, A2L has been consistently highly ranked in just about everywhere we've been nominated.

So if you're in the market for a litigation consulting firm like ours or if you're in the market for another service like discovery, court reporting, or even law firm and litigation financing, a guide like this one is a good source of information. These guides prepared by objective organizations like Legal Times provide a directory of high-quality providers and can save a stressed litigator or litigation paralegal considerable time identifying the very best jury consultants, the very best litigation graphics providers, the very best trial technicians, the very best trial consultants or any one of dozens of categories relevant to litigation.

Click here to download your copy of this 2016 guidebook. I hope it's helpful to you.

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Tags: Trial Graphics, Trial Technicians, Trial Consultants, Litigation Graphics, Jury Consulting, Trial Consulting, Demonstrative Evidence, Hot Seat Operators, Litigation Support, Jury Consultants, Voir Dire, Jury Selection, Awards

How to Be a Great Expert Witness (Part 2)

Posted by Tony Klapper on Mon, Nov 28, 2016 @ 10:57 AM

expert-witness-visual-persuasion.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

In my last post, I talked about the fact that an expert witness needs to express her expertise in a convincing way – but also in a way that the typical juror can understand and not in the language of a specialist.

The next step in becoming a truly effective expert witness is to understand the power and the importance of visual learning.

It’s a safe bet that your peer-reviewed articles contain tens of thousands of words. Your academic poster contains hundreds, maybe thousands, of words. Your PowerPoint presentations delivered to your peers contain bullet point after bullet point of words (and maybe a smattering of cartoons).  

Ask yourself: How many television commercials convey the importance of the advertised product through words? How many magazine advertisements do the same through words? How many movies convey their story through words? How many architects explain their designs through words? How many patents have no pictures and just words? And how many biology textbooks have no illustrations and just words? In all these instances, the visual is what matters.

Studies have shown that two-thirds of jurors learn primarily through visual means. And the need for visuals becomes even greater when the information being conveyed is highly complex. That does not mean that you should simply rely on Excel charts, images of equations, and chemical formulas to convey your points. It means that you should consider incorporating litigation graphics as demonstrative evidence for your opinion testimony.

Explaining with 2D animation in PowerPoint how the mucociliary escalator removes inhaled particles from the body is far more effective than just talking about it. Describing through an interactive timeline the complex series of steps that were employed to design and build a consumer product is far more effective than just talking about it. And demonstrating through high-quality photographs and well-placed arrows that the key component of your client’s widget looks nothing like the component claimed in the allegedly infringed patent is far more effective than just talking about it.

When working with counsel to prepare your direct examination, you should demand that time be spent not just on what you are going to say but also on how to present it visually. If possible, find opportunities to leave the witness stand and demonstrate your point with physical evidence, or draw a picture on the flip chart. The more you are the teacher and not the talking head, the more likely the jury will connect with you and find you credible.

In our next post, we will discuss the proper state of mind for the testifying expert.

Other articles from A2L Consulting discussing the importance of visual learning, PowerPoint, and expert witness testimony:

expert witness trial testimony ebook a2l ims

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Trial Consulting, Demonstrative Evidence, Juries, Advocacy Graphics, Expert Witness, Persuasive Graphics, Visual Persuasion, Judges, Persuasion

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Featured Free Download: Using Science to Prevail in Your Next Case or Controversy

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Featured FREE A2L E-Book: Using Litigation Graphics Persuasively

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Free Jury Consulting & Trial Consulting Guidebook for Litigators

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Timelines Appear In Most Trials - Learn how to get the most out of using trial timelines in this ebook

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Featured Complimentary eBook - The 100-page Antitrust Litigation Guide

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

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Authors

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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.


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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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