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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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Why You Need a Litigation Graphics Consultant

I had a confounding call with a past client and litigator recently. He had worked with A2L nearly ten years ago early in his career on a related matter. He called to engage A2L and work with one of our graphic designers. On its face, it's a sensible ask. After all, in addition to our jury consulting work and our hot-seat/trial technology work, A2L is undoubtedly a, if not the premier litigation graphics consultancy. The reason I found this call surprising is that asking to work with an individual graphic designer on our team misses the entire value proposition of why a firm like ours exists in the first place. If all a trial lawyer had to do was hire a graphic designer to help prepare opening/closing powerpoint presentations and work with testifying experts to help simplify their message, law firms would be teeming with millennial-aged graphic designers ready to spring into action in advance of trial. Lawyers might even do the work themselves. But that's not how serious trial-focused firms work, and many have gone full circle to figure this out - from adding internal graphic designers to eliminating them entirely. Serious trial-focused law firms do not insource litigation graphics work because it simply doesn't work over the long term. Logically, it should, but it just doesn't, and I've spent 25 years in the industry learning why. The articles linked below offer dozens of reasons why this is true.

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At A2L, we publish so many articles valuable to trial lawyers and litigation professionals that we like to share our very best periodically. Below are the top three articles (based on readership) published in the second quarter of 2019. Each has links that allow you to easily share the article on Twitter or LinkedIn. Top 3 A2L Litigation Articles Published in Q2 2019 1. 5 Valuable Lessons From Some Horrible Infographics 2. 10 Timely Tips For Trial Preparation 3. A Useful Directory of Federal Courtroom Technology

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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 Consulting, we have been providing trial technicians (also known as hot-seat operators) to help our clients display materials at trial since the 1990s. The role of a trial technician is a unique one. These men and women routinely work late nights during a trial to ensure that they are totally prepared for whatever can arise. As we have said elsewhere on this blog, the ideal hot-seat operator must have a very close working relationship with the lead trial attorney and with the other team members, must have a calm demeanor in case he or she is called upon with no notice to provide something critical for the trial, and must have an understanding of the thousands of documents that will inevitably be involved in any trial. Most importantly, he or she must be able to make the trial presentation appear to be seamless and flawless. We have seen instances in which opposing counsel, or their hot-seat operator, stumbled in one respect or another – and their credibility took a dive. We have written in articles like What a Great “Hot Seat Operator” Can Add to a Trial Team and 12 Tips to Hire the Right Trial Technician for Your Trial about the ideal qualities for a hot-seat operator. We've even released a free book on the topic called How To Find and Use Trial Technicians and Trial Technology. Click here to download it. One thing that we perhaps have not discussed as much as we should is that a great hot-seat operator must, from the beginning, become totally conversant with the technology available in the specific courtroom in which he or she will be working. And there are substantial differences: Some courtrooms have expensive, built-in technology that is state of the art. Some will have excellent technology – if this were the year 2003. Some have no technology at all. It is the responsibility of the trial team, and of the hot-seat operator above all, to design an appropriate, modern technology set-up for the courtroom that will serve the paramount goal of persuading the jury. Below we have prepared what should be a very useful directory of the technology available in the 90 federal district courts across the nation and we have linked to each of the courts’ websites.

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The Top 80 Articles From The Past 8 Years

Please join me in wishing all the authors of A2L's Litigation Consulting Report blog a Happy 8 Year Blogging Anniversary!

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The Top 10 Litigation Articles of 2018

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

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There are so many legal industry "best of" surveys that I have a hard time keeping track of them. Just about every month in one of them A2L is voted the top firm in either jury consulting, litigation graphics consulting, litigation consulting, or for our trial tech/hot seat services.    I am grateful for our clients and blog readers who take the time to help and vote for us. It is a very big deal for me to see the company I helped build these past 24 years be recognized. While I know our people are the best at what they do, it is still it's nice to hear other people say it too.   In a sea of surveys, one rises above the rest — The annual Best of the National Law Journal.   A2L has been named #1 in this NLJ survey before. Today, I'm asking a favor of our readers.   Would you help us be voted #1 in the nation again? It takes 2 minutes to help us be (publicly) recognized as the nation's top litigation consulting firm.     We are nominated in four categories. Here's how you vote: Go to https://www.surveymonkey.com/r/BestofNLJ2019 before November 1, 2018 Answer at least questions 11, 55, 58 & 59 Click through the next buttons until you click DONE.                        

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