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The Litigation Consulting Report

2017 Will be a Great Year for (Most Types of) Trials

Posted by Ken Lopez on Fri, Jan 27, 2017 @ 12:47 PM

2017-trials-economic-outlook-litigation.jpgKen Lopez
Founder/CEO
A2L Consulting

This is the fifth consecutive year that I've written a new year economic outlook article focused on litigation. Please review some of my previous articles that were focused on 2016, 2015, 2014, and 2013. While I believe that 2017 will be a very good year for litigation, it will not be good for everyone. From where I sit, things look and sound remarkably different during this current economic expansion than they did in previous years.

A2L's litigation consulting business, one focused almost entirely on trials, is thriving. We've grown more than 50% in each of the past two years, and I'm forecasting similar or better growth for 2017. Our growth is spread across many law firms/corporations and many areas of the law, so I know it's meaningful growth.

Yet any conversation with my large law firm managing partner friends or my big company in-house counsel friends suggests that litigation should be having an off year. These well-informed sources, as well as courthouse data, tell me that case filings are down and that litigation at big law firms is down.

So, how can our trial-driven firm be prospering and big litigation departments be faltering? One of us has to be looking at the litigation industry all wrong, right? 

Actually, I believe that we're both right, and I'm trying on some new vocabulary to explain it.

I've long observed that litigation is closely tied to economic growth. It's simple logic. Big companies drive both the economy and big-ticket litigation. When one moves up or down, so does the other, quite reliably. 

After more than 21 years as one of the leading litigation support companies largely focused on big-ticket litigation, I (finally) realize there is a more nuanced way of looking at litigation and trials. I used to think litigation was either small-ticket or big-ticket, and A2L is focused mostly on the latter. But now, after going through a few periods of robust economic growth (the early and mid-2000s and the current market), I understand that there's actually a third type of litigation. For now, I'm calling it resolvable big-ticket litigation.

By “resolvable big-ticket litigation,” I'm referring to those large cases with between tens of millions and billions of dollars at stake that could be settled if the parties were truly motivated to do so. Everyday big-ticket litigation is distinguishable from resolvable big-ticket litigation since in the former type, there just isn’t a good settlement position. Perhaps it's a patent dispute where there is no reasonable licensing compromise, or an antitrust case where the merger is either going to be approved or blocked, or one of those cases where what’s at stake is a principle, not money.

What I notice about resolvable big-ticket litigation is how highly sensitive it is to economic fluctuations. Yes, all big-ticket litigation rises and falls with economic conditions. But resolvable big-ticket litigation is very sensitive to it. Economists would say it is highly elastic; if there is a small increase in the rate of economic growth, resolvable big-ticket litigation skyrockets. Of course, the opposite is true too. When the economy dips or economic uncertainty is introduced, those resolvable cases are in fact resolved because companies stop gambling or at the very least, they take some risk off the table.

The last year I saw resolvable big-ticket litigation performing as well as it is now was 2005. I expect current levels to continue through 2017 at least, and here's why.

Big-ticket litigation generally, and certainly resolvable big-ticket litigation, is highly correlated with the economy, and leading indicators that reliably predict economic growth six to nine months in the future are soaring.

Take a look here at the latest report of ECRI, the Economic Cycle Research Institute or simply look at these charts below.

ECRI-2017-leading-indicators-litigation.jpgIf you read annual articles of mine in the past, you know that I put enormous faith in the work of ECRI. They publish these straightforward leading indicators, and notably they have been on the rise for the last year and they are currently reaching levels we have not seen in a decade. 

In both the weekly chart and the monthly charts above, the green line reflects a prediction of what will happen in six to nine months based on very reliable data. If it's going up, it's good because it means growth is coming. Down means growth is slowing.

Under the weekly chart, there is a monthly chart looking at the past 40 years. Look only at the green line, and you'll see the historic levels the growth rate leading indicator is approaching. If you want to learn more about this forecasting tool, I recommend the book Beating the Business Cycle.

With this level of economic growth setting up, I'm expecting another great year of trials of all types. However, if resolvable big-ticket litigation is the type that really skyrockets in boom times, I'm also looking for more of that this year.

So, while there are in fact fewer trials than there used to be, resolvable big-ticket litigation appears to be on the rise. For the typical large law firm, this means fewer cases but a higher proportion of trials. For a company like ours, these are boom times. The biggest risk for our firm and the entire litigation industry is whether uncertainty generated by the change in the administration causes large companies to pull back on their litigation spend or take fewer risks at trial. Time will tell, but the leading indicators do not suggest a pullback—yet.

Articles related to the economics of the litigation market, law firm sales, pricing and more on A2L Consulting's site:

persuasive storytelling for litigators trial webinar free

Tags: Economics, Litigation Consulting, Litigation Support, Leadership

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

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

The 10 Top Free Trial Lawyer Resources of 2016

Posted by Ken Lopez on Wed, Nov 2, 2016 @ 03:57 PM

best litigation ebooks webinars cle for trial lawyers of 2016by Ken Lopez
Founder/CEO
A2L Consulting

As we approach the end of 2016, I'm reviewing the many free resources that have been viewed and downloaded from A2L Consulting's extensive litigation-focused website this year. From podcasts to blog articles to free downloadable e-books to free webinars, we have given back this year to the trial community more than ever.

Our blog has been accessed 250,000 times, our 20+ free e-books have been downloaded tens of thousands of times and more than 1,000 new subscribers have signed up for a free litigation and persuasion-focused blog subscription in the past year.

To help sort through all that data and information and focus on just the best content and resources, here are the 10 items, all completely complimentary and without additional obligation, that saw the most intense attention this year from the litigation industry's top players.

  1. free litigation ebooks for trial lawyersVisits to A2L's free resources (podcasts, e-books, webinars etc.): This central set of resources allows visitors to our site to direct themselves to the information they most need.




 

  1. ryan-flax-a2l-litigation-consultants-webinar-recorded.jpgStorytelling for Litigators Webinar: The science of using storytelling for persuasion is in its nascent stages. This webinar explains what is now known and how to best use storytelling techniques to influence other people’s thoughts and conclusions.

 



  1. a2l-patent-litigation-consulting-4th-toolkit.jpgThe Patent Litigation Handbook 4th Edition: During A2L's more than 20 years in business, intellectual property cases have represented nearly half of our total work. Therefore, it’s no surprise that when we want to update one of our handbooks, we often turn to our patent litigation handbook. It’s a perennial winner.

 



  1. a2l-consulting-voir-dire-consultants-handbook-cover-drop.jpgThe Voir Dire Handbook: I'm surprised by how popular this book is, but voir dire continues to be one of the most searched for terms on our site. We routinely help support trial teams during jury selection and conduct mock exercises that have a voir dire component.

 




  1. complex-civil-litigation-ebook-free.jpgComplex Civil Litigation Handbook: This book is a necessity for anyone who enters civil courtrooms, develops theories for civil cases, or works on complex civil litigation.










 

  1. trial-timeline-ebook.jpgTrial Timelines E-Book: Used in almost every case, timelines are an essential communication tool. If you think that a timeline is simply a date bar with topic flags, this book has a great deal to teach you about this valuable concept.






 

  1. storytelling-and-persuasion-for-litigators.jpgStorytelling for Litigators E-Book: This book and its prior edition has been downloaded thousands of times.

 







  1. expert-witnesses-how-to-answer-questions-deposition-cross-1.jpgThe Top 14 Testimony Tips for Litigators and Expert Witnesses: No matter how well prepared a witness is, he or she can face a tricky question or a trap planned by opposing counsel. This article identifies 14 of those common situations and the best strategies to foil these tactics.

 




  1. best-voir-dire-questions-to-ask-mock-trial-federal-court-1.jpgFive Questions to Ask in Voir Dire . . . Always: This blog article originally published in 2013, has been read nearly 20,000 times this year alone.




 

  1. litigation-consulting-report-blog.pngOur litigation blog, The Litigation Consulting Report. Now, every year, more than a quarter-million visits are paid to our blog. It's been named a top litigation blog by the American Bar Association, The Persuasive Litigator, Cogent Legal, Justia, LitigationWorld and many other organizations. Why not claim a free subscription here or share one with a friend?






Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Jury Consulting, Litigation Consulting, Trial Consulting, E-Book, Demonstrative Evidence, Webinar, Litigation Support, Patent Litigation, Voir Dire, Storytelling, Timelines, Podcasts, blog

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

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

iStock_79502561_SMALL.jpgby Ken Lopez
Founder/CEO
A2L Consulting

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

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

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


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








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







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






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




 

 

 

 


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

 

 



 

opening statements toolkit ebook download a2l

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

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

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

A2L-MOCK-TRIAL-JURY-CONSULTANTS-TALL.jpgby Ken Lopez
Founder/CEO
A2L Consulting

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

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

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

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

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

Jury Consulting Mock Trial

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

[Free E-Book] The Value of Litigation Consulting 2nd Edition

Posted by Ken Lopez on Tue, Aug 16, 2016 @ 03:17 PM

value-litigation-consulting-400-tall.jpgby Ken Lopez
Founder/CEO
A2L Consulting

As trials become more and more complex – just think of the intellectual property cases worth billions of dollars that have rooted the attention of Silicon Valley and the world – litigation consulting has become more and more important. There may be fewer jury trials now than there used to be, but many of the cases that go to trial can shake up an industry.

“Litigation consulting” is a broad term that describes a broad variety of services that help lawyers try and win cases. They include jury and bench trial consulting, litigation graphics consulting, on-site courtroom technology support and similar services. In a given case, a trial team may need all the services that A2L provides, or just a subset of those services.

In order to show how far the litigation consulting industry has come in a relatively short time, we are issuing a free --- page book, The Value of Litigation Consulting. The book explains why even the best trial lawyers can benefit from the services of top-notch litigation consultants. It’s a handbook that shows where the industry has been and where it’s heading.

The book is full of useful, hard-hitting articles on these topics, including 11 Things Your Colleagues Pay Litigation Consultants to Do, 6 Secrets of the Jury Consulting Business You Should Know, 12 Reasons Litigation Graphics Are More Complicated Than You Think, How Long Before Trial Should I Begin Preparing My Trial Graphics?, 11 Traits of Great Courtroom Trial Technicians.

You can download the book here - completely free - no strings attached.

value of litigation consulting consultants

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Trial Presentation, Jury Consulting, Litigation Consulting, Trial Consulting, Demonstrative Evidence, Trial Technology, Litigation Support, Jury Consultants, Trial Preparation

[New and Free E-Book] 50 Helpful Articles for Litigation Leaders

Posted by Ken Lopez on Thu, May 26, 2016 @ 02:02 PM

A2L Litigation Leadership Free E-Book Downloadby Ken Lopez
Founder/CEO
A2L Consulting

Anyone who puts together a team to represent a client in a high-stakes piece of litigation is engaging in an act of leadership. To be successful, such a litigation team needs to blend the skills of an outside set of trial lawyers from a law firm, large or small; in-house corporate counsel; the leadership of the client company, which will want to keep close tabs on high-stakes litigation; a wide variety of paralegals, assistants and other key nonlawyer personnel; and, in all probability, a trial consulting company such as A2L.

Today we are releasing the fourth edition of a new and free eBook on leadership for lawyers that can be downloaded here. I hope that it will be useful to legal industry leaders, whether running a trial team, a practice group, or an entire law firm.

Law firms and corporations both struggle to provide better leadership within their organizations. Comparatively, however, law firms are at a disadvantage because they don’t have a long and strong tradition of training their leaders. In law firms, leadership development is mostly trial and error. Most business schools don’t teach students how to run a law firm, whereas the science and art of being a corporate CEO have been studied endlessly.

For years, it seemed that law firms were lagging behind in business fundamentals. More often than not, their structure was loosely defined. Management was more of a suggestion than a dictate. And accountability was a new term for many. Conceptions of “power” within a firm, based on rainmaking or litigation successes, seemed to play the dominant role in who takes the lead in management responsibilities.

But now law firms are becoming more management-oriented as the economic landscape has changed.

Our leadership eBook is largely focused on litigation, as this is the focus of our own firm. The eBook includes interesting and timely articles such as “The CEO in Litigation: Problems, Solutions and Witness Preparation”; “When a Good Trial Team Goes Bad: The Psychology of Team Anxiety”; “In-House Counsel’s Hiring Methods for Litigation Counsel Are Surprising”; “How Valuable Is Your Time vs. Litigation Support’s Time?”; and “Nine Things That Outside Litigation Counsel Say About In-House Counsel.”

We, as a litigation consulting firm, struggle with issues quite similar to those of a law firm. Most of our leadership team, me included, are player-coaches. That is, none of us are full-time leaders. Instead, we must, like many in a law firm, balance our leadership responsibilities with the time we spend delivering for our clients. We hope that this eBook permits you to achieve a similar balance.

I hope this book is helpful to you. I would enjoy hearing from you and encourage you to leave a comment below (contact information is not published).

litigation leadership 4th edition

Tags: Litigation Consulting, Litigation Technology, E-Book, Litigation Management, Litigation Support, Psychology, Management, Leadership

50 Characteristics of Top Trial Teams

Posted by Ken Lopez on Thu, Apr 21, 2016 @ 02:22 PM


trial team win litigation traits characteristicsby Ken Lopez
Founder/CEO
A2L Consulting

After the more than 20 years that we have spent in the litigation consulting business, we don't hear very many questions that we’ve never heard before. However, this week I did hear one, and the story is worth sharing because it goes to the heart of how a truly great litigator performs. The question I heard was, “What can we do better as a trial team on the next engagement?”

Consider how remarkable this is. Here was a litigator from a large law firm sincerely trying to improve the performance of his team and himself. I was deeply impressed, as this was the first time I've had someone ask that question after an engagement.

It's a very sensible question, of course. A2L's team has worked with thousands of litigation teams from the very best law firms in the world. I have watched many litigators perform near-magic in the courtroom, and I have seen teams fail miserably. There are patterns that lead to success and patterns that lead to failure.

In the spirit of the question that this litigator asked me, I started thinking about the traits of the world’s most effective trial teams. Here are 50 of them culled from my experience and that of my colleagues Dr. Laurie Kuslansky and Tony Klapper.

  1. Practice is by far the single most obvious indicator of a trial team's success. The great litigators draft their openings months or years in advance of trial and practice them dozens or hundreds of times. See, Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well

  2. Preparation. Great trial teams start preparing long before trial, and they don't ask the client’s permission to do so. Their attitude is, “If you work with a team like ours, it means you want to win and we know how to win and we're going to get that done, whatever it takes.” I think they are right. There are only a handful of law firms that I have observed that have this sense of preparation embedded in their litigation culture. See, The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation

  3. Great litigation teams want their answers questioned. Great litigators are confident. They are so confident that they open themselves up to rigorous scrutiny in their approach to trial. Through a whole host of methods, they invite criticism, suggestions, fresh pairs of eyes, lay people’s opinions, experts’ opinions, and they use all of these voices to perform at their best. See, Accepting Litigation Consulting is the New Hurdle for Litigators

  4. They lead, but they can be led too. Great litigators avoid dominating all discussions. They intentionally let others lead them and be seen as leaders. Download the Leadership for Lawyers eBook

  5. They just look comfortable in front of a jury. Confidence equals persuasiviness and humans are born with an expert ability to detect it.  See, A Harvard Psychologist Writes About Presenting to Win

  6. They build narratives early. They know how important a narrative is to winning a case. They have also learned from experience that the earlier this is done, the better. A well-constructed narrative can inform everything from briefing to discovery to witness preparation. Download The Opening Statement Toolkit

  7. They understand the difference between a narrative and a theme. See, 14 Differences Between a Theme and a Story in Litigation

    storytelling for judge jury courtroom best method for trial persuasion and emotion
  8. They spend their time where they are most valuable and add the most value. How Valuable is Your Time vs. Litigation Support's Time?

  9. They begin developing their visual presentation months or years before trial. See, How Long Before Trial Should I Begin Preparing My Trial Graphics?

  10. They’re not afraid of technology in the courtroom or elsewhere. Skipping technology means losing credibility in most cases now. Jurors have come to expect it and no longer take kindly to simply being lectured to. See, Trial Presentation Too Slick? Here's Why You Can Stop Worrying

  11. They’re systematic in how they meet with their outside consultants. Great trial teams usually hold weekly calls or meetings and schedule the next event at the end of each meeting.

  12. They’re not frantic. There are so many reasons why one should not be frantic, and even when the facts are terrible, great lawyers work at a measured and even pace and don't go negative. See, 10 Signs the Pressure is Getting to You and What to Do About It

  13. They don't jockey for position with other lawyers and law firms. The worst and least effective trial teams that I have ever seen play politics to the detriment of the client in the run up to trial. See, 5 Tips for Working Well As a Joint Defense Team

  14. They exhibit a distinct lack of arrogance. I think some people confuse arrogance with ability. The best trial teams I have observed display tons of confidence, show mastery of the subject matter, demonstrate massive respect for one another and never allow arrogance to enter the picture. See, In-House Counsel's Role In Keeping Litigator Ego In Check

  15. They probably subscribe to our blog. Alright, not everyone subscribes to this blog, but 8,000 people do. Litigators who demonstrate that they hope to grow their own skill set are typical subscribers. See, 10 Surprising Facts About Litigation Consulting Report Blog Readers



    Complimentary Subscription to This Blog



  16. They realize there are too many parts in big-ticket litigation for the first chair to handle all of them alone. They know how to divide the work among attorneys, paralegals, experts, and others. The only way to build a simple case is to start with a complicated one and break it down. Truly complex cases require lots of team effort to achieve this result. See, Litigator & Litigation Consultant Value Added: A "Simple" Final Product

  17. They require their experts to work with communications and visual design consultants. Perhaps 1 in 500 experts is an expert in presenting information in a jury-friendly way, but most believe that they are. 7 Smart Ways for Expert Witnesses to Give Better Testimony

  18. They don't lose it; they keep their cool. There are plenty of stressors in the pre-trial environment. People not used to doing this kind of work would find it hard to maintain a positive attitude, but it is so critical to do so. See, 5 Signs of a Dysfunctional Trial Team (and What to Do About It)

  19. They conduct post-hearing, post-conference, and post-trial debriefings. Truly great trial teams do this, and all bad trial teams simply blame a bad judge, bad facts, and/or a bad jury. See, 9 Questions to Ask in Your Litigation Postmortem or Debrief

  20. They contemplate their thematic story right from the start and incorporate that into discovery. We're working with a number of clients now who are making sure a narrative is developed early in a case, not just on the ease of trial. This is a best-practice for highly effective trial teams. See, Planning For Courtroom Persuasion? Use a Two-Track Trial Strategy

  21. They tell you their strengths and weaknesses. When we meet with a trial team for the first time, they usually present to us as if we were potential jurors. That is, they advocate. Good trial teams do that, but then great trial teams say, "here's what our opponents will say and here's where we are vulnerable."

  22. They don’t answer their own questions, but let other people do that. Often, these answers are found in a mock trial setting. As we frequently advocate, let the data speak, don't guess or just use your gut instinct. See, 10 Things Every Mock Jury Ever Has Said

  23. Before dismissing new ideas, they consider how to apply them, no matter how new. See, How Creative Collaboration Can Help a Litigation Team

  24. They repeat back recommendations to make sure they understand them. This mirroring technique is used by many highly effective litigators and great listeners in all fields.

  25. They send drafts of their work with enough lead time for others to provide comments. Time management in litigation is a skill that must be developed and is a given with great trial teams. See, The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation

  26. They communicate in an orderly, consistent manner so that the left and right hands know what the other is doing. 

  27. If they aren’t good organizers, they task someone who is to assure continuity and avoid panic. Download the Leadership for Lawyers eBook

  28. They don’t assume anything and seek to verify with facts, including mock testing that shows which themes are winners and which juror types are worst. See, 11 Problems with Mock Trials and How to Avoid Them

    mock jury webinar a2l kuslansky

  29. They don’t answer challenges by simply stating how long they’ve done this or where they went to school. See, 6 Studies That Support Litigation Graphics in Courtroom Presentations

  30. They lead, but don’t micromanage. We recently wrote about how some trial teams will agonize over fonts, colors, and PowerPoint templates while ignoring bad facts in their case during trial preparation. See, 3 Trial Preparation Red Flags That Suggest a Loss is Imminent

  31. They are respectful to junior staff and outside consultants. See, 13 Reasons Law Firm Litigation Graphics Departments Have Bad Luck

  32. They understand that their success is a team effort and approach it that way. See, When a Good Trial Team Goes Bad: The Psychology of Team Anxiety

  33. They give credit where credit is due, sincerely (not by patronizing).

  34. They lead by example. Download the Leadership for Lawyers eBook

  35. They pay their bills on time or early. I'm pretty sure most litigators don't understand how important timely payment is and how it contributes to winning cases. See, 10 Ways Timely Payment Helps You Save Money On Litigation Consulting

  36. They don't sugarcoat the possible effectiveness of the other side's narrative and thematic points and fall too quickly in love with their own narrative and themes. See, 12 Astute Tips for Meaningful Mock Trials

  37. Notwithstanding a keen awareness of what the other side will say, they don't simply respond to the other side; they build their own affirmative narrative. See, $300 Million of Litigation Consulting and Storytelling Validation opening statements toolkit ebook download a2l
  38. They pressure test throughout the course of their pre-trial development and during the course of trial itself by continuously empowering the entire litigation and trial teams to provide their own input. They eschew groupthink. See, How Creative Collaboration Can Help a Litigation Team

  39. All attorneys on the team have meaningful roles that sync with their individual strengths.

  40. They don't wait until the last minute to prepare fact and expert witnesses and instead dedicate sufficient resources to ensure those witnesses are prepared. See, Witness Preparation: Hit or Myth?

  41. Witness preparation includes, of course, careful development of an effective visual presentation that is rehearsed but doesn't sound rehearsed. See, The Top 14 Testimony Tips for Litigators and Expert Witnesses

  42. Effective litigation teams spend as much time preparing their witnesses for robust cross-examinations as they do for direct examinations. See, 
    Witness Preparation: The Most Important Part

  43. They look for opportunities to score significant points on redirect, a redirect that is thought through well in advance of trial and not simply reactive to cross.

  44. They seek candid feedback, not false praise, during trial.

  45. They get some sleep. One of my favorite, now retired, trial lawyers used to say that he never slept better than when we was at trial. He always knew he was fully prepared.

  46. They don't relegate preparation of important witnesses to junior lawyers who lack actual experience. See, Witness Preparation: Hit or Myth?

  47. They don't dismiss the level of intensive prep needed “just for deposition,” waiting for trial.  Most cases settle, and discovery can make or break a case. My favorite lawyers are just as "on" at a depo as they are at trial. See, 6 Tips for Effectively Using Video Depositions at Trial

  48. They think about details like tie color, suit color, and body language, and they work to improve their delivery at every event they participate in. See, Litigation Graphics, Psychology and Color Meaning

  49. They are grateful that they get to do the kind of work that they do. I watched a top trial lawyer and friend be interviewed recently. His attitude was one of sincere gratitude about being a litigator. That sincerity comes through in everything that he does, and it is part of the reason he is so successful in front of juries. It's something that is almost impossible to fake.

  50. Finally, they ask their litigation consultants what can they do better. So far, as mentioned in the introduction to this article, it has happened just this once. However, I have a feeling we'll get asked this question more and more. I hope this article provides a useful framework for these types of discussions.

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Tags: Trial Graphics, Litigation Graphics, Trial Presentation, Jury Consulting, Courtroom Presentations, Mock Trial, Trial Consulting, Demonstrative Evidence, Litigation Management, Litigation Support, Juries, Jury Consultants, Trial Preparation, Storytelling, Management, Practice, Expert Witness, Leadership, Judges, Opening, Depositions, Witness Preparation, Persuasion

How Creative Collaboration Can Help a Litigation Team

Posted by Tony Klapper on Mon, Apr 18, 2016 @ 11:32 AM


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

I was reading the Washington Post’s Business section on Sunday morning, and a front-page article about Sean Parker caught my eye. Parker, dubbed “Silicon Valley’s Bad-Boy Genius,” co-founded Napster and was the first president of Facebook. He was also played by Justin Timberlake in “The Social Network.” Far from a routine business profile, this article provides several fascinating lessons concerning the importance of creative collaboration.

Apparently tired of catering to the entertainment needs of millennials, Parker recently launched the Parker Institute for Cancer Immunotherapy. Although it was notable that Parker invested $250 million to support groundbreaking research into eradicating a disease that kills millions each year, even more important is his model of creating a “sandbox” for scientific research. At press time, six premier medical research institutions—Stanford, Hopkins, MD Anderson, UPenn, UCSF, and UCLA—had signed up to be part of the consortium that Parker is creating to fight cancer. The premise behind the effort is that working together in the sandbox is far more effective than working alone. That truism is not one that is always followed.

I have worked with some great litigation teams over the past 20 years—teams that constantly encourage fresh ideas and reassessment of the facts; that meet and openly share ideas; that reward free expression and discourage groupthink. But I have also worked with teams that do none of these, where the lead lawyers are either too egotistical or too insecure to foster the free exchange of ideas. It seems obvious that spending the time to brainstorm is a good thing, not a bad thing. But institutional factors and personality traits can often sabotage implementation of the obvious.

At A2L Consulting, we have a sandbox and we enjoy playing in it. When a new matter comes our way, we first individually get our arms around it, and then we meet. Whether at the table in a conference room, in front of one of our many whiteboards, or on a conference call, we work together, each of us bringing his or her own unique perspectives and experiences to bear. Our owner has been providing litigation consulting services since the mid-1990s; our lead Ph.D-educated jury consultant has been doing this work for over 30 years; I have been in the trenches on a diverse array of cases for 20 years; and our team of litigation graphic artists have collectively been at this for decades. Not only can collaboration be fun and rewarding; it brings a better product to the table.

That’s also the beauty of the consulting business itself. To be effective consultants, we always ask our clients to tell us the best and worst about their cases and to tell us the best and worst of our performance as consultants. Similarly, we are not afraid to offer our own perspective on the strengths and weaknesses of our client’s arguments and to offer constructive critiques on their presentations. We all become better when we share, openly work together, and move beyond the barriers of ego.

Having a sandbox and being able to play nice in it constitutes the beginnings of collaboration. Sharing ideas, pressure-testing them, and brainstorming about new ones is the hallmark of creativity.

Other A2L Consulting articles related to effective litigation team management, creative collaboration, and getting great litigation results:

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Tags: Litigation Consulting, Litigation Management, Litigation Support, Management, Leadership

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Authors

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-headshot-500x500.jpg 

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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