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Top 10 Articles About Opening Statements

The opening statement is, in most trials, the most important part of the case. Here, biases are formed and overcome, attention levels will be at their highest, and up to 80% of jurors will make up their minds about who will win. Over three decades, A2L Consulting has supported the development of thousands of opening statements. It's where our trial-lawyer clients and we invest the most time and energy. Our work has typically included: the creation of persuasive PowerPoint presentations to accompany well-developed opening statements to; practicing and refining an opening statement 100+ times until it is perfectly delivered; testing versions of opening statements in a mock trial setting to help best plan the trial strategy. Our team is made up of trial lawyers, psychologists, litigation graphics artists, and hot-seaters. We see many of the world's best trial lawyers practice their craft on a regular basis. As I have always said and written about, Great Trial Lawyers Behave Differently. I often write about how their preparation is altogether different from an average litigator. When I do write about this topic, my goal is to cross-pollinate great techniques and ideas. This article is no different. I want to share some of what A2L has learned along the way both by watching great trial lawyers prepare for trial and by helping them do so. These best practices expressed in these top 10 articles/books/webinars about opening statements are unique. I hope you can put this information to use as you prepare for your next trial. How to Structure Your Next Speech, Opening Statement or Presentation 6 Reasons The Opening Statement is The Most Important Part of a Case 5 Things TED Talks Can Teach Us About Opening Statements

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Trial Lawyers: Only Do What Only You Can Do

"Only do what only you can do." My mentor throughout the 1990s and 2000s used to say this to me, and it was one of the best lessons a CEO with a fast-growing company could hear.  The message was, of course, to stop trying to do too much myself and let other people do their part. Don't micromanage. Don't rescue. Don't interfere. Don't hover. And do let people learn by doing - even if it means making (small) mistakes. The overall message was to delegate responsibly. Based on three decades of observing the world's best trial lawyers, I can confirm that the best trial lawyers are experts in delegation, whether they are first chair or fifth chair. However, many trial lawyers, particularly those with many members on a trial team, would benefit from better following the lead of the greats. The problems I've seen (and I bet you have too) are numerous. Because a trial lawyer can use PowerPoint, some insist on doing some or all of the litigation graphics. See, 12 Reasons Litigation Graphics are More Complicated Than You Think. Because they've lived with the case for years, many trial lawyers are anxious about conducting a mock trial or asking for feedback on their planned narrative. See, 50 Characteristics of Top Trial Teams and The First Version of Your Story Is NOT Your Best.

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10 Timely Tips For Trial Preparation

Working at A2L, I have the distinct pleasure of watching many of the world's best trial lawyers prepare for trial. Most start months or years in advance. Those lawyers engage A2L early to do theme testing with a focus group or to organize and run a mock trial. Each of these events requires the creation of litigation graphics and usually assistance in developing an opening statement. Having watched so many great trial lawyers prepare for 25 years, I have been able to observe patterns in how they prepare. Below I share ten chronologically ordered tips (plus accompanying resources) based on these observations. If you're less than one year from trial, I hope these tips are still helpful, and I hope you will get in touch with me. More than one year from trial: There is no better time to do theme testing then when discovery is still open. Read more in How Early-Stage Focus Groups Can Help Your Trial Preparation and as you start this journey, always remember that Great Trial Lawyers Behave Differently. One year before trial: Plan your first of two mock trials. There are dozens of good reasons to conduct a mock trial, but forcing yourself to prepare early may be the very best one. Read my one-year trial planning guide and read A2L's Opening Statement Toolkit. Also, it is a good time to read A2L's Jury Consulting and Mock Trial Handbook. Nine months before trial: Begin or continue development of your litigation graphics. If you conducted a mock trial, you already have a good start. Read How Long Before Trial Should I Begin Preparing My Trial Graphics?, 10 Reasons The Litigation Graphics You DO NOT Use Are Important and The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation. Six months before trial: Refine your opening statement story and the visuals that will support it. Make sure your experts have their visuals being worked on by your litigation graphics team - not the in-house people at the expert's firm. Watch Persuasive Storytelling for Trial Lawyers and read Storytelling for Litigators. To help develop your experts, have them read this three-part series on How to Be a Great Expert Witness. Three months before trial: Conduct opening statement practice sessions with your trial team, litigation consultants, and your client. Read The First Version of Your Story Is NOT Your Best, 3 Ways to Force Yourself to Practice Your Trial Presentation, and Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well.

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At A2L, we work on many disputes and trials of various types and sizes. Before starting work, we routinely provide our customers with estimates of what we think it will cost to engage us to conduct a mock trial, prepare trial presentations, assist in the development of the opening statement, and run the courtroom technology.   While it’s never easy to estimate the final costs of fast-moving complex litigation, it's something that firms like ours and large law firms do every day. We've been doing it for 24 years, and we've even pioneered some innovative pricing strategies for litigation graphics and trial tech work. However, I've noticed two schools of thought when it comes to estimating, and one of them seems to lead to better outcomes.   In shorthand, I'll call these two methods a top-down method and a bottom-up method. In my experience, the top-down method leads to more successful engagements, more wins, and much better and trusting relationships.  

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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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Quite frequently, defendants in major cases will decide to form joint defense groups. Joint defense groups are intended to provide defendants with significant efficiencies that result from common effort in facing a common adversary, whether in a patent case against the same patent holder, tort litigation against the same set of injured people, white-collar criminal actions against the government, antitrust litigation against the same plaintiff, and so on. But joint defense groups, which by their nature bring together several high-powered lawyers at a single defense table in the courtroom, can present unique challenges. Sometimes, joint defense groups will work as planned and the defendants will reap the benefits of their cooperation, and sometimes they will break down. Here are some best practices for joint defense groups to follow at trial that will help them succeed rather than fall apart in the heat of trial. Clear Leadership. The group should pick a clear leader. Studies of organizational behavior and dynamics show that for “pop-up businesses” with limited durations and specific tasks to accomplish, like movie production crews or trial teams, success is associated with the early selection of a team leader. Many trial teams may be afraid to antagonize a lead attorney for one of the parties who is not chosen and may thus hesitate to make a choice, but it is best to pick a leader and move forward that way. Just Enough Consultants. The group should pick one consulting firm for each trial-related task – for example, one consultant to handle all graphics and litigation consulting. The “too many cooks” phenomenon is definitely present if the group decides to select multiple vendors for key consulting roles in the trial. The attorneys should be focusing on their case, not on resolving disputes between vendors.

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The trial technician, sometimes called the hot-seater, is the person who runs the courtroom technology so that a trial team does not have to do so. A trial tech typically uses programs like Trial Director to manage thousands of exhibits and has each at the ready to be displayed and highlighted. During opening, closing, and expert testimony, the trial tech runs the PowerPoint system to ensure flawless and well-choreographed presentations. The benefit of using a trial technician is that the trial team can focus on the law and the facts and can concentrate on connecting with the judge and jury rather than having to worry about the technology. When the relationship between trial counsel and the trial tech is smooth and well-rehearsed, the presentation looks like a perfectly planned and executed professional live production. We have been deploying trial technicians around the country for trials long and short for the past three decades. We were even sending out trial techs before PowerPoint was being used in the courtroom and when the preferred format for electronic evidence handling was the laser disk. In this time, we have employed dozens of trial techs and have learned what makes a good one and what kind of preparation equals success. Here are 12 tips for finding just the right technician: 1. Experience is everything. Our techs usually have a dozen or more major trials under their belts. Some have been to trial hundreds of times. They also routinely run the technology at hearings and during arbitrations/mediations. See, With So Few Trials, Where Do You Find Trial Experience Now? 2. The first-chair attorney must be willing to practice with them. There is no substitute for practice and preparation in the courtroom. The great trial lawyers practice frequently so that the trial looks flawless. See Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well. 3. They have war stories galore - particularly in overcoming problems. Courtrooms are not usually state of the art, so much of the technology must be brought in or enhanced. Otherwise, jurors are left wondering why their own living rooms and work conference rooms are much more advanced than what your trial team is providing. Great trial techs have overcome hundreds of small issues in a trial. See 12 Ways to Avoid a Trial Technology Superbowl-style Courtroom Blackout.

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