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The Litigation Consulting Report

7 Litigator-Friendly Conferences Worth Attending

Posted by Ken Lopez on Fri, Oct 3, 2014 @ 10:00 AM


litigation conferences cle speaker favorite topElise Jefferson, M.A.
A2L Consulting

Some of the most valuable learning opportunities are provided through educational forums such as conferences or webinars. These forums allow for litigators to learn skills directly from individuals with expertise on everything from presentation styles to issues with expert witnesses. Many of the articles on the A2L Website offer advice and examples on how to improve your overall skills as an attorney. Several articles also address how to approach cases involving topics from product liability to patent litigation. While reading these articles is helpful, it is equally helpful to learn about these topics in-person or via streaming video. Indeed, A2L's consultants are frequent speakers at conferences and at on-site firm CLEs.

The conferences and webinars listed below address various topics that are meant to assist all attorneys, regardless of what types of cases are typically handled by your law firm. Attending these conferences or webinars will allow attorneys to expand their knowledge base in their respective areas of litigation, as well as improve upon their overall skills as trial attorneys.

1. The Presentation Summit:
Oct. 12-15, 2014

Description: Creating successful presentations is about more than just software. It is about crafting sharp messages, creating intelligent presentation design, employing efficient techniques with PowerPoint and other apps, and realizing natural and genuine delivery. Our annual conference for the presentation community delivers all of this at levels you won’t find anywhere else on the planet.

At A2L, we often write about PowerPoint and delivering great courtoom presentations. It is a topic we are both expert in and passionate about.

2.  Cheap Talk: Witness Payments and Conferring with Testifying Witnesses: October 22, 2014


1:00 PM - 2:00 PM ET


Witness compensation evokes a slew of ethical traps for litigators. Avoid these traps by broadening your understanding of the ethical rules regarding witness compensation and conferring with testifying witnesses. This webinar will cover:

    • When "compensation" crosses over to "inducement to a witness"
    • How lawyers can avoid sanctions under Model Rule 3.4
    • Just how much the lawyer can consult with their witness during deposition or trial testimony breaks under Model Rule 1.1

This webinar will be extremely helpful to both civil and criminal attorneys who oftentimes need to pay expert witnesses for their services. It can be sold as a refresher on ethical guidelines and how to ensure that attorneys are compensating witnesses appropriately. Be sure to read our articles on experts such as 7 Things Expert Witnesses Should Never Say and The Top 14 Testimony Tips for Litigators and Expert Witnesses.

Using Social Media in the Jury Selection Process: October 15, 2014


1:00 PM - 2:30 PM ET

Because social media is so pervasive, lawyers need to understand how to ethically incorporate social media review into their litigation practice. Join our panel of experts as they:

    • Analyze ABA Formal Ethics Opinion 466
    • Review best practices
    • Discuss the successful use of social media in securing impartial and fair juries

 Description: Because social media is so pervasive, lawyers need to understand how to ethically incorporate social media review into their litigation practice. This 90-minute webinar will provide background and in-depth analysis of ABA Formal Ethics Opinion 466 on reviewing juror social media and will note state opinions on the same subject. Best practices will be highlighted, including how to educate the judge about social media and work with opposing counsel to develop social media protocols. Finally, learn from fellow lawyers who have successfully used social media to help their clients secure an impartial and fair jury.

This webinar directly relates to several articles on the A2L website regarding the use of social media in jury selection and research. It covers the ethical guidelines and how social media relates to these guidelines, and also suggests helpful ways in which social media can be used.


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4.  30th Annual Intellectual Property Law Conference: March 25-27, 2015

Bethesda North Marriott Hotel & Conference Center

5701 Marinelli Rd North Bethesda, MD 20852-2785

Description: In a world where value is key, every IP practitioner needs avenues for their own innovation. Come and experience the 30th Annual Intellectual Property Law Conference in Bethesda, MD, offering three days of premiere CLE programming and networking events.

Gain knowledge and insight from IP experts and practitioners from around the world who will discuss the most critical issues in IP law.  

    • Stay Current on Issues Critical to Your Practice
    • Refine Your Knowledge & Skills
    • Expand Your Network
    • Fulfill Your MCLE Requirements

The 30th Annual Intellectual Property Law Conference provides cost effective value—offering over 40 dynamic CLE programs and an incomparable opportunity for networking.

For A2L clients who are involved or interested in intellectual property law, this conference in Bethesda will delve deeper into issues that will affect litigators in the near future, as well as offer advice on how to approach litigation in this particular area. As with all conferences, it will also allow for networking opportunities.


5.  32nd National CLE Conference: January 7-11, 2015

Vail, Colorado

Description: 8 Programs/Tracks Available

    • Bankruptcy
    • Civil Litigation
      • Effective Expert Attacks – Methods and Techniques for Investigation and Cross-Examination
      • Mass Tort Perspectives: Plaintiff v. Defendant – Panel
      • Ethics and E-Discovery: Recent Developments and New Challenges for Litigators
      • And others…
      • Employee Benefits
      • Environmental Law, Land Use, Energy, and Litigation
      • Family
      • Health
      • Intellectual Property
      • Labor & Employment

Perhaps the most valuable of the conferences, this CLE program allows litigators to choose from several different tracks, according to the type of litigation typically covered by their firm. Each track includes 2 day’s worth of presentations from esteemed judges and attorneys. Highlighted is the Civil Litigation track (as most of our clients try civil cases), where 3 of the presentations offered are listed. The conference is also family-friendly and offers activities for children and spouses.

6.  Masters Conference for Legal Professionals: eDiscovery Hot Topics: Predictive Analytics, Social Media, Mobile Devices, & FRCP Changes: Oct. 21, 2014

The Masters Conference for Legal Professionals is held in regional locations throughout the U.S. Each event will last from 11:30 a.m. to 5:15 p.m. and is followed by a happy hour until 7:00 p.m. Each event offers two educational tracks that will allow attendees to learn from corporate and law firm thought leaders.

Locations include:

    • Washington, D.C.: Oct. 21, 2014
    • San Francisco: March 24, 2015
    • Chicago: May 19, 2015
    • Philadelphia: July 21, 2015

Description: Whether you are dealing with e-Discovery in a new, socially networked world, find your company expanding globally and thus facing international discovery issues, or planning for the future of e-Discovery in your firm or company, you know there’s a divide between what is in practice today and where your firm needs to be in the near future. Legal professionals must develop strategies for spanning this e-Discovery divide before it expands further across traditional borders, whether physical or technical.

Litigation support professionals and attorneys have a new forum to gather the latest information on e-Discovery, data protection, records management and more: The Masters Conference for Legal Professionals. 

This conference covers various issues and aspects of eDiscovery. It will allow litigators to learn more about this particular type of discovery and how it may affect future litigation conducted by their firms.


7.  DRI 2014 Annual Meeting: October 22nd – October 26, 2014

San Francisco, CA

Description: Join us for DRI’s 2014 Annual Meeting—“DRI for Life”—October 22 - 26, at the San Francisco Marriott Marquis. Cosmopolitan flair, spectacular scenery, and cultural diversity make San Francisco one of the top destinations in the world. Perennial favorites include Fisherman’s Wharf, Chinatown, the cable cars, Golden Gate Bridge, and the nearby wine country. The city is acclaimed as home of the world’s best restaurants and its shopping hub, Union Square, anchors a who’s who of world-famous stores just steps from the Marriott Marquis. Don’t miss this opportunity to experience a city full of life, attend stellar educational programs, and visit with friends and colleagues, new and old.

This conference offers CLEs over the course of 4 days, and covers a variety of topics, including: product liability, drugs and medical devices, health care law, and torts and environmental law, among many others. The conference is meant to provide comprehensive insight into various topics faced by litigators in multiple aspects of defense litigation. We have always felt DRI publishes the best materials on LinkedIn and their conferences share similar value.

Other articles related to CLEs, speaking events and making presentations generally on A2L Consulting's site:

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Tags: Patent Litigation, Social Media, PowerPoint, CLE

Our 12 Very Best Articles of 2013 for Lawyers & Litigation Support

Posted by Ken Lopez on Thu, Dec 26, 2013 @ 01:30 PM

top articles lawyers litigators 2013 litigation consulting reportby Ken Lopez
A2L Consulting

What a difference a year makes (especially in legal industry blogging).

In the past twelve months, this publication, the Litigation Consulting Report blog, has risen to new levels of readership and recognition that I did not believe possible when I launched it just three years ago.

  • Total subscribers rose this year from 1,400 to 3,600;
  • we published 129 articles this year vs. 92 last year;
  • there were hundreds of thousands of visits compared to tens of thousands in the year before;
  • tens of thousands of litigation e-books have been downloaded; and 
top legal blog 100 2013 litigation
• The American Bar Association picked this very blog as one of the Top 100 Blogs in the legal industry
and added, "it's hard to resist the infectious numbered-list headlines that keep us reading their chatty, first-person posts answering questions we hadn't yet thought to ask."

I think that is all rather incredible. With readership numbers increasing faster than they were a year ago, the future looks rather bright for A2L Consulting and for blogging in the legal industry.
As 2013 comes to a close, we look back at the articles that our readers read most this year. Presented below are the 12 best Litigation Consulting Report articles based on readership numbers. 


storytelling for litigators12. 20 Great Courtroom Storytelling Articles from Trial ExpertsThe power of storytelling in the courtroom is increasingly being recognized. In these 20 articles, experts discuss its value and offer lessons. [Click here to tweet this article]


youtube channels for litigators and litigation support
11. 10 Outstanding YouTube Channels for Litigators and Litigation SupportA wealth of knowledge & skills improvement awaits litigators & litigation support on social networks. Here is a guide to some of the best of YouTube. [Click here to tweet this article]


how to avoid trial presentation mistakes

10. The 14 Most Preventable Trial Preparation MistakesHere are 14 completely preventable trial preparation missteps related to practice, storytelling, jury work, trial technology and litigation graphics. [Click here to tweet this article]


best litigation blogs
9. The Top 14 Blogs for Litigators & Litigation Support ProfessionalsWhether you call them blogs or blawgs, here are 14 top litigation blogs for trial lawyers and litigation support professionals. [Click here to tweet this article]


things mock juries say
8. 10 Things Every Mock Jury Ever Has SaidAfter 400 mock trials, one jury consultant notices 10 common things all mock juries say. Use this valuable list as a checklist for closing arguments. [Click here to tweet this article]


how to research your trial judge

7. 21 Ingenious Ways to Research Your JudgeUse these 21 tips from top jury consultants and litigation consultants for researching your judge, and you will be positioned for success at trial. [Click here to tweet this article]


opening statement organizational structure
6. How to Structure Your Next Speech, Opening Statement or PresentationHere are two ways to organize a speech, presentation or opening statement that will make it easier to start, to present well and to persuade. [Click here to tweet this article]


alternative fee arrangements

5. 12 Alternative Fee Arrangements We Use and You Could TooAlternative fee arrangements (AFAs) are becoming the norm in high-stakes litigation both for law firms and vendors. Here are 12 types to consider. [Click here to tweet this article]


describe the image
4. The 12 Worst PowerPoint Mistakes Litigators MakeDelivering a great PowerPoint presentation in the courtroom or elsewhere is not easy. Avoiding 12 simple PowerPoint mistakes is, here's how. [Click here to tweet this article]


best expert testimony tips for expert witnesses

3. The Top 14 Testimony Tips for Litigators and Expert Witnesses — Read this article to learn how to answer tough questions in depositions, on direct exam and on cross examination. Great read for expert witnesses. [Click here to tweet this article]


voir dire questions
2. 5 Questions to Ask in Voir Dire . . . Always — Fail to ask the right questions during voir dire and it could mean a loss. Here are five questions I recommend you ask during every voir dire. [Click here to tweet this article]


describe the image

1. The 50 Best Twitter Accounts to Follow for Lawyers and Litigators — Twitter can be a useful tool for litigators, lawyers and litigation support professional seeking litigation news, tips, industry trends and more. [Click here to tweet this article]


Would you believe more than 11,000 people have read the number one article just since February? Showing the increasing power of social media, the article also has 201 Facebook likes, 130 Google +1's, 67 LinkedIn shares and it has been tweeted 670 times.
Thank you for a great 2013. I hope that you head to trial in 2014, and if you do, I hope that you will include A2L Consulting in your plans for:

We would love to discuss our extremely popular and
client-friendly alternative fee arrangements as well as participate in your preferred litigation support vendor programs. I invite you to contact me at any time (email is best). Good luck in 2014!
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Tags: Trial Graphics, Trial Technicians, Litigation Graphics, Jury Consulting, Litigation Consulting, Jury Consultants, Articles, Social Media, Awards

Top 100 Legal Industry Blogs Named by the American Bar Association

Posted by Ken Lopez on Tue, Dec 3, 2013 @ 09:30 AM


ABA top 100 blogs 2013 blawgs american bar associationby Ken Lopez
A2L Consulting

There are thousands of blogs in the legal industry, and as Dr. Ken Broada-Bahm, one of my favorite blog authors, alluded to recently, blogs are where a good deal of knowledge about trials and about lawyering can be found today.

The American Bar Association (ABA) recently named its top 100 blogs in its seventh annual ranking of the legal industry's best. Our blog, the Litigation Consulting Report, was ranked among the top 100 for the first time.

A number of us here at A2L contribute to this blog, We work very hard at it, and we are very excited about the ABA's recognition. The funny thing is that our blog almost never happened at all.

At the beginning of 2011, we were discussing launching a blog, and I remained very skeptical that anyone would take the time to read it. I knew we had interesting things to say, given our unique spot in the industry -- but I also know how busy our clients are. Yet three years later, every month 15,000 people read an article on our blog, and about 3,500 subscribe to be notified by email when new litigation blog articles are published.

The ABA broke down its top 100 legal industry blog list into categories. In the litigation category we are included among eight litigation blogs. I believe that the ABA chose this group wisely. I agree that these are great blogs. Indeed, many were previously recognized in my post last year, The Top 14 Blogs for Litigators & Litigation Support Professionals.

The ABA is now taking votes to pick the best in each law-related category. Here is the litigation blog list, plus what the ABA (or its readers) had to say about these blogs:

1. The Litigation Consulting Report: "it's hard to resist the infectious numbered-list headlines that keep us reading their chatty, first-person posts answering questions we hadn't yet thought to ask."

2. Arbitration Nation: "it has practical takeaways of interest to litigators, which is especially important for me, as an arbitrator, to be cognizant of."

3. Persuasive Litigator: "he is erudite and authoritative without being overbearing. He should be writing opening statements and closing arguments."

4. At Counsel Table: "Alex Craigie doesn't just tell his readers about how to wow a jury. He does a couple of posts a week covering all aspects and avenues of litigation."

5. The Velvet Hammer: "Karen Koehler gives voice to the realities of being a hard-driving trial attorney and a stretched-thin working mom."

6. The Jury Room: "this is a useful one for litigators and anyone interested in getting some insight into jury psychology."

7. Point of Law: "Posts cover securities litigation insofar as how the victorious plaintiffs, their law firms and the contract attorneys hired by those law firms get paid—and explore the fairness of it all."

8. Compelling Discovery: "if you're a civil litigator, you already know about this blog. But if you've missed its first year and a half, you need to acquaint yourself with it posthaste."

I hope you'll subscribe to each one of these blogs as there's much we can all learn from these authors. I also hope you'll consider voting – hopefully for the A2L blog --- to help the ABA make its choice of the top litigation blog.

ABA Blog Top 100

Tags: Litigation Consulting, Litigation Support, Articles, Social Media, Awards

The 5 Best Reasons for Litigators to Embrace Social Media

Posted by Ken Lopez on Thu, Oct 31, 2013 @ 12:50 PM

social media for lawyers litigators litigation supportby Ken Lopez
A2L Consulting

I believe social media is one of the top technological advances of our lifetimes. It ranks up there with personal computing, mobile phones and the Internet.

I didn't always think this was true. In fact as recently as 2011, I dismissed using social media for business purposes as "dumb." I've since publicly apologized for this assessment.

Why the change of heart? Well, in the beginning of 2011, A2L had about 800 unique visitors per month visiting our site. I thought that was plenty since we work on relatively few cases each month anyway. Well, in the next month or two, we will have seen that monthly visitor figure rise to more than 20,000 unique visitors to our site each month. Most come to this blog and most hear about this blog from social media.

Yes, it works for business.

This was the premise of a talk I gave recently at the Federal Bench Bar Conference in Columbus, Ohio. It was a great audience, I was on an excellent panel but I could tell there were still skeptics. How could there not be, with all the horror stories that get aired during these sorts of events?  Most are common sense, of course. Don't use social media in violation of a judge's order in litigation. Don't discriminate against potential employees after researching them on social media.  Don’t say something on social media that you wouldn’t want the public to know.  But there are closer calls.

social media book for lawyers attorneys litigators litigation support law

On balance, I think the rewards of social media far exceed the risks. Assuming you are using common sense in social media just as you would in your personal dealings as a lawyer, here are the five best reasons why I think litigators, in particular, should enthusiastically embrace social media:

1) You'll Get Better at Your Craft: Before the Internet, we exchanged best practices mostly by word of mouth. It was slow, and the rate at which people improved themselves was similarly slow. Now, when someone finds something works, whether it’s green buttons websites (yes, they work) or storytelling in the courtroom as a persuasion device, word spreads fast.

These are not just baseless fads. Rather, something is working and when it is, word spreads quickly. And the principal way that things spread is via social media now. If you are not on social media, your colleagues are going to speed past you in their own personal development.

2) News Travels Fast: Collecting news in the legal industry is more important than ever. From who is representing whom in a big corporate merger this week, to which law firms are supposedly teetering on the edge of failure, to who just published an article relevant to you. If you are not monitoring social media, you are just not going to see these headlines. There is just too much noise in the traditional media. Social media allows you to sort the critical from the superfluous, but you must learn how to do this and use these tools effectively. If you already are doing this, that is excellent. If you’re not, then it is a little like the best time to plant a tree. The answer is five years ago, but the second best answer is now.

3) The LinkedIn News Feed: One million out of 1.2 million of America's active lawyers are on LinkedIn already. The newsfeed on LinkedIn has become the business homepage of your industry. This is true because your colleagues and connections are routinely posting articles of interest about your industry. If you are not watching and monitoring job changes in your network, you are surely going to be left behind. Please do connect with me and be sure to follow A2L Consulting too.

4) LinkedIn Discussion Groups: The best discussions about litigation are not occurring at conferences, retreats or in the hallways of law firms. They are being conducted on LinkedIn in the popular discussion groups. Not using them or not sure which ones are best suited to litigation? Have a look here at our guide to the best LinkedIn groups for litigators and lawyers generally.

5) We are Our Networks: Business development has moved from golf courses to online. A recent survey of general counsel revealed that more than 90 percent say they search for or vet outside counsel using LinkedIn. Think about it: Would you really want to work with outside counsel (or a consultant) that happens to have an extra five hours to spend on a golf course or one that is busy? I know I don't have five hours to spare.

Now, let me be clear that when I encourage litigators to embrace social media, I don't think litigators really need to spend time on Twitter unless they need to monitor something relevant to their client. However, I think LinkedIn is now 100% mandatory for all lawyers and litigation support staff, and Facebook is a close second.


Other A2L related to social media for litigators, trial attorneys and litigation support:

social media book for lawyers attorneys litigators litigation support law


Tags: Litigation Management, Management, Social Media, Leadership, Marketing

20 Awesome Litigation Articles and 20 Top Social Media Posts From Q3

Posted by Ken Lopez on Mon, Oct 7, 2013 @ 10:00 AM

By Ken Lopez
top litigation consulting report articles q3 2013Founder/CEO
A2L Consulting

In the just-finished third quarter, our Litigation Consulting Report blog saw readership records broken yet again. I find this fact amazing not only because records have been broken quarter after quarter for two years, but I find this especially amazing since it happened again during the traditionally slow summer months.

In Q3, we crossed the 3,000 subscribers mark (claim a free subscription here), more than 60,000 pages were viewed on A2LC.com, and an astounding 1,800 people downloaded an average of two publications from us (mostly litigation-focused ebooks). We also saw our social media follows grow by the hundreds on LinkedIn, Facebook, Twitter, Pinterest & YouTube.

I like to track what people read closely since I want to align our future writings and our services to what people are most interested in. Below are published items that our readers read and shared the most during the third quarter of this year.

For the first time, we are including not only our top 20 articles, but we are also listing a variety of social media posts that were very popular. Click through to any of the articles and you will find a button to share each of them on Twitter, Facebook, LinkedIn and other networks. I encourage you to tell others about the articles you like the most. 

Top 20 Articles of Q3-2013:

20. Jury Selection and Voir Dire: Don't Ask, Don't Know

19. Improving Economy Predicted to Bring More and Different Litigation

18. Top 12 Litigation Consulting Report Articles from Q2-2013

17. Litigators Can Learn a Lot About Trial Presentation from Nancy Duarte

16. 6 Types of Jurors That May Fly Under the Radar

15. 15 Tips for Great Customer Service from the Restaurant Industry

14. 10 Signs of a Good Jury Questionnaire

13. Will Being Folksy and Low-Tech Help You Win a Case?

12. George Zimmerman Trial: Use of Animation Evidence and Objections

11. 8 Reasons to be Optimistic About the Litigation Economy

10. 5 Ways the Economic Crisis Has Changed Jurors

9. [Complimentary 147-page E-Book] How to Deliver a Great Presentation

8. 21 Steps I Took For Great Public Speaking Results

7. 10 Signs the Pressure is Getting to You and What to Do About It

6. 24 Things to Know About The "New Normal" of The Legal Economy

5. Today's Tech Failure at the George Zimmerman Trial Takes Center Stage

4. The 14 Most Preventable Trial Preparation Mistakes

3. 21 Ingenious Ways to Research Your Judge

2. 12 Alternative Fee Arrangements We Use and You Could Too

1. 5 Questions to Ask in Voir Dire . . . Always


Top 5 Most Downloaded E-Books (Other Select A2L Litigation E-Books)

5. Using Litigation Graphics to Persuade

4. Delivering GREAT Presentations

3. Leadership Lessons for the Legal Field

2. Storytelling for Litigators

1. Complex Civil Litigation E-Book


Top 10 Most Popular A2L Tweets — Follow A2L on Twitter:  

5. 5 Questions to Ask in Voir Dire . . . Always 

4. 5 Signs Your Verdict Form is Problematic 

3. 21 Ingenious Ways to Research Your Judge 

2. The 14 Most Preventable Trial Preparation Mistakes 

1. The Top 14 Testimony Tips for Litigators and Expert Witnesses 


Top 5 Most Popular Facebook Posts — Like A2L on Facebook: 


5. 8 Reasons to be Optimistic About the Litigation Economy 

4. 21 Ingenious Ways to Research Your Judge 

3. 10 Things Every Mock Jury Ever Has Said 

2. The 14 Most Preventable Trial Preparation Mistakes 

1. 12 Alternative Fee Arrangements We Use and You Could Too 


Top 5 Most Popular LinkedIn Posts (Follow A2L on LinkedIn)

5. Surviving in a litigation environment requires real mental strength, and I believe almost anyone can build that strength. Along the journey from trial novice to pro, anxiety may get the best of you or a colleague sometimes. Here are: 10 Signs the Pressure is Getting to You and What to Do About It — Do you have other tips for managing anxiety leading up to or at trial that you'd be willing to share? Please do!

4. What is your trial prep regimen? Practice a little or a lot? What do you think of this trial prep mistakes list as a guide? The 14 Most Preventable Trial Preparation Mistakes — find this valuable? Like or comment so others may notice this discussion.

3. Trial technology should not make news, but today it did during the George Zimmerman trial. What painful courtroom technology meltdowns have you witnessed? Here's an article on what went wrong at the Zimmerman trial: Today's Tech Failure at the George Zimmerman Trial Takes Center Stage

2. What are your favorite techniques for researching a judge's likes, dislikes and proclivities? See if your method is listed in this related article, and please list it for the group if not. Read: 21 Ingenious Ways to Research Your Judge — please like or comment so others may see if you find this discussion valuable.

1. Follow Joseph Campbell's classic storytelling pattern to present your client as a hero (see free sharable litigation infographic). In this article, Campbell's 17-step hero's journey is translated for courtroom use. Start telling better stories by reading: Portray Your Client As a Hero in 17 Easy Storytelling Steps  ***Please share your best courtroom storytelling war stories and like or comment if you find this article or infographic valuable!



Click Here to Download All New Patent Litigation eBook Now





Tags: Trial Graphics, Trial Technicians, Trial Consultants, Litigation Graphics, Trial Presentation, Jury Consulting, Litigation Consulting, E-Book, Jury Consultants, Social Media

Our Top 20 Litigation Articles of All Time - Download in a Free Book

Posted by Ken Lopez on Tue, Jun 18, 2013 @ 10:00 AM

top 200 litigation consulting articlesby Ken Lopez
A2L Consulting

We are very proud to have achieved a milestone and to be able to share it with our readers. In 2011, we launched our popular litigation-focused blog, The Litigation Consulting Report, and we recently published our 200th article for the blog.

In that time, tens of thousands of different people in the legal industry – partners in major law firms, in-house counsel, consultants, expert witnesses, graphic designers, and many others – have turned to the blog for interesting stories about real trials, for the latest research on what works and what doesn’t, for insights into jury psychology, and for good advice on trial techniques. I’m thrilled that the blog has been so well received. There are very few blogs like it on the Internet, if any.

To celebrate, we are releasing this e-book of the top 20 articles as judged by the readership of the articles over the past two years. You will notice that the topics are wide-ranging but generally fall into our three key areas of expertise: Trial Consulting, Litigation Graphics and Courtroom Technology.

We haven’t been afraid to challenge conventional wisdom about presenting information at trial, and I’m not surprised that among the top 20 articles are those that say that PowerPoint is often significantly misused by trial lawyers, that other presentation software is often preferable, and that bullet points are usually not a good way to get your ideas across.

To be honest, the identity of the most-read article (The Top 50 Twitter Accounts for Litigators) is a surprise to me, but I suppose it reflects the growing use of social media to disseminate valuable content. After all, a great many of you probably found this book, or at least some of its constituent parts, on Twitter.

Other popular blog posts are less surprising and indeed encouraging like storytelling in the courtroom, the meaning of color, the best practices for mock trials, and problems in the use of demonstrative evidence.

I hope that you enjoy this book and take real value from it. I would sincerely welcome your feedback.  If you are not a subscriber of our blog, please become one by clicking here.

Click the image below to download the free top 20 book or click here.   

a2l litigation consultants top 20 articles  

. . . or, tweet or read individual articles below:

20. 5 Demonstrative Evidence Tricks and Cheats to Watch Out For

19. Hydraulic Fracturing (Fracking) & Lobbying/Advocacy Graphics

18. Storytelling Proven Effective in Apple v. Samsung Patent Graphics

17. 10 Things Every Mock Jury Ever Has Said

16. Litigation Graphics, Psychology and Color Meaning

15. 20 Great Storytelling for Lawyers Articles from Trial Experts

14. The Top 14 Testimony Tips for Litigators and Expert Witnesses

13. 10 Videos to Help Litigators Become Better Courtroom Storytellers

12. Trial Graphics, Color Choice, Color Meaning & Culture

11. 16 Trial Presentation Tips You Can Learn From Hollywood

10. 5 Keys to Telling a Compelling Trial Story in the Courtroom

9. 10 Outstanding YouTube Channels for Litigators & Litigation Support

8. The Top 14 Blogs for Litigators and Litigation Support Pros

7. Beyond PowerPoint: Trial Presentations with Prezi and Keynote

6. The Top 5 Trial Timeline Tips

5. The 12 WORST PowerPoint Mistakes Litigators (and most people) Make

4. Lists of Analogies, Metaphors & Idioms for Lawyers

3. 12 Reasons Bullet Points are Bad in Trial Graphics (or in any presentation)

2. Demonstrative Evidence Storytelling Lessons from Apple v. Samsung

1. The 50 Best Twitter Accounts to Follow for Lawyers, Litigators & Lit Support

Download Free E-Book Leadership for Lawyers



Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Mock Trial, Demonstrative Evidence, Storytelling, Color Theory, Bullet Points, Social Media, Expert Witness

Top 15 Articles from Q1 2013 in the Litigation Consulting Report

Posted by Ken Lopez on Thu, Apr 25, 2013 @ 08:00 AM

top 15 litigation consulting articles a2l trial consultantsby Ken Lopez
Founder & CEO
A2L Consulting

At A2L Consulting, we are very interested in sharing valuable information about the litigation consulting industry with the thousands of monthly readers of our
Litigation Consulting Report blog. Some of our readers are among the nation’s top litigators, some run litigation support departments, some work every day on the challenging and difficult task of putting together trial exhibits, and some are law students and other interested observers. All show a strong interest in the topics we routinely write about:

In this retrospective article, we look back at the articles we published last quarter and point to those that received the most online visitors.  We’ve listed the top 15 below in descending order of their popularity among Internet users.

What I find interesting about this list is how interested our readers were in social media and how it affects the practice of law. Four of the top six articles in the list deal directly with various social media and their impact on law and litigation. Our readers, like many lawyers and observers of the legal scene, are clearly fascinated by the way in which Twitter, blogs, Facebook, YouTube, and other media are changing the daily life of attorneys. Pinterest, which is growing rapidly but which doesn’t yet have a clear impact on the legal scene, ranks ninth on the list.

It’s therefore no surprise that we recently released the Social Media Guide for Litigators and Litigation Support. It is a fascinating topic, our book is a good read, and our readers are clearly interested -- with hundreds downloading the guide in the first few hours of its release. We have little doubt that the story of social media and litigation is only in its very first chapters. Lawyers, litigation consultants and trial technicians are only beginning to tap the resources that are available and to come up with more and more creative ways to use social media in their daily lives.

Here is the list of the top 15 articles in the first quarter of 2013.

    1. The 50 Best Twitter Accounts to Follow for Lawyers and Litigators

    2. The Top 14 Blogs for Litigators & Litigation Support Professionals
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    Tags: Trial Graphics, Mock Trial, Articles, Psychology, Storytelling, Social Media, PowerPoint

    [Free E-Book Download] Social Media for Litigators and Lit Support

    Posted by Ken Lopez on Thu, Apr 18, 2013 @ 08:22 AM

    social media law for litigation lawyers attorneysby Ken Lopez
    Founder & CEO
    A2L Consulting

    Here at A2L Consulting, we have just published our latest e-book. This one is entitled The Social Media Guide for Litigators and Litigation Support.

    We think it will be useful to any attorney or litigation support professional who has anything to do with social media and who has anything to do with proving facts or putting on witnesses in the courtroom – in short, for any courtroom professional.

    Social media are completely inescapable these days. When you realize that they include blogs, YouTube videos, Twitter feeds, anything on Facebook, the ever-growing Pinterest, you understand that nearly everyone who is online uses or comes into contact with social media every day.

    This e-book is designed to help trial teams and those who support them make social media their ally rather than their enemy.

    Consider: If you are picking a jury, you need to know what social media the prospective jurors are involved in and what they are learning about topics related to the case at hand. If you are engaged in discovery, you need to know how to get your hands on social media posts that may be relevant to the points you want to make at trial. If you are preparing an opening statement, you would do well to look at YouTube videos of top trial lawyers explaining how to do that. Ten years ago, how would you have gotten a chance to get that good advice? If you are in the middle of a heavily publicized trial, you need to see what the sentiment on Facebook and Twitter concerning your client may be; this will help you conduct a well-informed closing argument.

    There are dozens of other ways in which social media can affect the life of a trial lawyer or litigation consultant, mostly for the better.

    You also need to understand the way in which case law reflects the prevalence of social media. When can a mistrial be declared because a juror is tweeting from the jury box? What restrictions exist on what a public company can say on Twitter concerning its financial results? Does federal labor law protect comments made by employees on Facebook concerning their working conditions? Who becomes the owner of an employee’s Twitter account when the employee resigns? When we were in law school, there were no cases on these topics. Now they are being decided nearly every day.

    Among the topics in the e-book are: Ten Things to Know About Social Media and Jury Consulting, 21 Valuable Facebook Pages for Litigators and Litigation Support, The 50 Best Twitter Accounts to Follow for Lawyers and Litigators, Ten Outstanding YouTube Channels for Lawyers and Litigation Support, The Top 14 Blogs for Litigators and Litigation Support Professionals, and 11 Great Social Media Videos for Litigation and Litigation Support.

    Anyone who is selecting a trial graphics consultantjury consultant or courtroom trial technician needs to select one who is fully aware of these issues and who understands that a single social media posting can be the key to success in a case. Here at A2L Consulting, we think about these issues every day and we know that our advice to our clients must constantly change in response to the constant changes in social media. 

    If you work in a courtroom, there is something valuable here for you. Click here to download the completely complimentary Social Media Guide for Litigators and Litigation Support.

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    Tags: Trial Technicians, Trial Consultants, Litigation Graphics, Trial Presentation, E-Book, Jury Consultants, Social Media

    20 Fascinating Articles About Social Media and Litigation

    Posted by Ken Lopez on Mon, Apr 8, 2013 @ 01:30 PM

    social media articles litigators litigation supportby Ken Lopez
    Founder & CEO
    A2L Consulting

    As social media have become an integral part of life in the 21st century, they have inevitably and dramatically affected law, litigation, and trial strategy. Whether it’s a question of jurors who tweet from the jury box, service of a subpoena through Facebook, ownership of a social media account after an employee resigns, the dollar value of a Twitter “follower,” or any number of other issues, no lawyer or trial consultant can remain unaware of the issues. Here is a collection of 20 interesting social media discussions from various online legal locations, with brief summaries.

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    1. Social Media Litigation Risks & Opportunities: It’s important to seek discovery of social media content in litigation, to name one interesting opportunity.
    2. How to Get Social Media Evidence Admitted: Social media information is discoverable, but what’s the best way to ask for it?
    3. Using Social Media Evidence as a Defense Litigation Tool [pdf]:  How insurers and others can use social media as a litigation tool.
    4. Social Media Evidence and Privacy Preferences: Not surprisingly, the rules governing e-discovery apply to social media and trump both a social media website's privacy guidelines and an individual user's privacy preferences.
    5. How to Avoid a Social Media Lawsuit:  How to set up an appropriate social media policy for your employees to fend off a potentially ruinous lawsuit.
    6. Who owns a Twitter account when an employee resigns?  It’s crucial to use discretion and good business judgment in launching a social media campaign, just as you would for any other aspect of your business.
    7. What can an employer do about employee communications: Interpreting the NLRB’s recent decision about when concerted employee conduct on social media is protected activity.
    8. Social Media and E-Discovery [pdf]: An overview of the risks and rewards of seeking social media information in e-discovery.
    9. Service of Process via Social Media [pdf]: The use of Facebook for service of process satisfies due process requirements, one judge recently held.
    10. The ABA's View of Judges Using Social Media [pdf]: The ABA’s view is that a judge may participate in social media but that in doing so, he or she must comply with the Code of Judicial Conduct and avoid any conduct that would undermine the judge’s independence, integrity, or impartiality, or create an appearance of impropriety.
    11. Texas State Bar Report on Social Media and the Law [pdf]: A full issue of the journal of the Texas State Bar’s litigation section on the interplay between litigation and social media.
    12. Authenticating Social Media Evidence [pdf]: Evidentiary standards for admission of evidence that were developed for other forms of electronic data may not be sufficient.
    13. New York State Bar's Social Media & Litigation [pdf]: An excellent broad overview of the issues that can arise.
    14. How Social Media Can Hurt You in Litigation: What small and midsize businesses need to know about the discovery of social media information.
    15. Social Media and the Federal Securities Laws: Here are some of the pitfalls that public companies can encounter when they try to disseminate company information through social media.
    16. Waving Attorney-Client Privilege via Social Media: Interesting decision that a client waived attorney-client privilege when she discussed, in chat rooms, her discussions with her attorney.
    17. Social Media and Antitrust Litigation: Companies can violate the antitrust laws through the use of social media, and antitrust compliance programs should include discussion of these risks.
    18. Getting the most out of Social Media for Litigation: How to use the resources of social media to test your litigation themes before you get to a real jury.
    19. The Social Media Trojan Horse: What you say in social media can come back to haunt you in litigation.

    20. The SEC and Full Disclosure in Social Media: The SEC just announced that public companies are allowed to use social media to make key corporate announcements  as long as they alert investors about which sites they intend to use.
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    Tags: Social Media, Judges, Securities Litigation, Labor and Employment, Ethics

    11 Great Social Media Videos for Litigators and Litigation Support

    Posted by Ken Lopez on Thu, Apr 4, 2013 @ 07:02 AM

    social media for litigators videosby Ken Lopez
    Founder & CEO
    A2L Consulting

    Trial lawyers need to be aware of any viable source of information about law and about trial practice and exhibits. There’s no end to the resources available to trial lawyers and trial consultants on the Web these days. One of the great features of social media is that it is, by and large, free. With this in mind, let's take a look at YouTube, which is a very helpful social network with pages, channels, and subscribers. It has a great many free resources that can help trial lawyers advise their clients on an interesting topic – how social media can and does interact with the law.

    1. Is social media just marketing hype? Is everyone on social media essentially a liar? Here, two experts debate whether social media has anything to add to lawyers’ ability to market themselves and gain legal skills.

    2. Social media and litigation: Social media evidence is becoming increasingly more prevalent in corporate litigation. Here’s an interesting and sprightly account of what evidence can be found on Twitter, YouTube, and the like. Are young people these days less concerned about privacy than people were 30 or 40 years ago?

    3. Social media and the law: Here, an attorney provides a one hour lecture on social media and the law generally.  This is a great overview of the issues from intellectual property rights to online torts. When does citation and quotation become plagiarism, for example?

    4. An overview of the current generation’s use of social media: I like this presenter not only because he presents information succinctly, but because he has five-year-old triplet daughters like me. How does “Generation Z,” born after 1995, use social media? They will soon become a significant plurality of lawyers. 

    5. Labor and employment law and social media: There are five parts to this talk. You should be able to see all of them if you click through to the video on YouTube.  Often, the requirements of human resources law fly in the face of common sense, and that is true when it comes to social media.

    6. Ethics issues for lawyers:  Robert Ambrogi, a Massachusetts lawyer and consultant, answers the question, “Are you aware of any cautionary horror stories about the ethics problems caused by lawyers’ use of social media?”

    7. Ethical considerations for lawyers in social media:  Some tweets that have gotten lawyers and law students in trouble because they are, well, too honest, and can violate ethics rules or point to embarrassing facts or experiences.

    8. Social media and compliance with basic ethics rules: This 90-minute presentation does a nice job of explaining the various considerations, although the audio could be better.

    9. Divorce and social media: In this area in particular, lawyers and investigators may be mining your personal information to obtain evidence for a divorce case.  A lot of personal and highly relevant information can already be out there on Facebook. What are the ethical limitations on this type of activity, and what considerations should lawyers and clients be aware of?

    10. Serving legal documents through social media: Bloomberg covered this interesting topic recently.  Will social media change how we litigate? Can service be made via Twitter or Facebook?

    11. Law enforcement has found a new tool to monitor demonstrators and political protesters – social media.  Just as Twitter and Facebook are now essential tools for protest movements, law enforcement agencies are monitoring the social media giants and using what they find to make cases against demonstrators.

    Other social media for lawyers resources on A2L's site:


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    Tags: Social Media, Marketing, Labor and Employment, Ethics

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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.


    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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