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The Litigation Consulting Report

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.

top jury consultants best litigation graphics firm hot seat trial techs

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

From the Hot Seat: To Use or Not to Use Trial Presentation Software

Posted by Alex Brown on Mon, Oct 24, 2016 @ 02:42 PM

david-goliath-trial-presentation-trial-director.jpgby Alex Brown
Director of Operations
A2L Consulting

While I was working on a case with one of our clients, it came to light that the opposition was using a trial technician for trial. At first our client did not want to bear the expense and did not feel that the case lent itself to the use of a full-time “hot seat” operator.

I asked the client a few questions:

  1. What percentage of potential jurors carry a smartphone?
  2. Of that group, how many have tablets?
  3. Of those people who are “connected,” how many will be impressed by the flash and professionalism of a skilled trial tech?

As you would expect, the numbers were high. It was obvious to everyone that if you are on a case and one side is using trial software, you have to match the other side or be left in the dust.

People expect to see technology in the courtroom, appreciate the effort if it is made, and do not understand if one side does not use it. If your opposition is using modern technology and you are using the overhead and drawing on flip charts, your message will be lost.

In this instance, we helped our client find a solution that did not permit the opposition to make it look unprepared and unprofessional.

Here are 10 good rules for using trial presentation software to the best effect. 

  1. Provide training. Make sure if you are going to use it, know how to use it or find someone that does. The software is designed to make your presentation effective and seamless. If you are not getting that result, bring in someone who can.
  1. Use the right tool. Sanction, TrialPad, TrialDirector (laptop or iPad), and OnQue are the top platforms today. Use the one that’s best for you. Ninety percent of trial teams that use this type of software use TrialDirector, simply because it works. This should not take away from the other platforms. Sanction has improved, and OnQue is the new kid on the block and seems to handle video much better than the alternatives. But comfort is paramount, so use the platform that is most comfortable to the one presenting. Remember, you are not the one running the presentation. They are there to support you.
  1. Know the court. Each court has its own rules. Sometimes a judge will not allow technology at all, and sometimes the technology built into a courtroom will not work because it is outdated, so know the court and their rules. For example, see 5 Secrets for Trying Cases in SDNY.
  1. Don’t procrastinate. Sometimes you have to make last-minute changes, but it’s always better to have your video clips, PowerPoint decks, and exhibits/demonstratives done early. Not just because you do not want your team putting these things together in the middle of the night just before trial but mainly because you need the time to practice. See, The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation.
  1. Run everything through and video record yourself to see how it all looks and works. This also permits you to build a level of comfort with your trial tech and allows you to see how the software handles your clips, decks, and images. Remember, you don’t need to be worrying about anything more then you already do.
  1. Build in redundancy. Everything in twos. Two machines, two switches, two of every cable, and sometimes two techs. This depends on the scope of the case, but a backup operator can be a lifesaver when a case lasts longer than three weeks. Life happens. Have someone ready to pick up the ball if somehow it gets fumbled. Anything can happen to a person or a piece of technology if you give enough time, so be ready with a backup.
  1. Either/or is a great concept. Trial boards, handouts, and physical models are still useful. Use them along with your modern presentation software. In court is not where you need to learn how to use them or which one works better.
  1. Make a key. Make sure you create a set of naming criteria to name everything you are going to use, and do not deviate from those criteria. This will allow everyone on the team to know where things are and to know where to look for that unscripted document/clip. Do not make it a hard key where they need to look in a book to find the location. Make it easy because then it is faster and it will make you look more professional.
  1. Think of part-time help. If you simply cannot have a tech there every day, one option is to have someone do it on certain days. Opening, the testimony of experts, or closing – the days that may matter most.

  2. Set hot keys. Most programs will allow you to set up hot keys or short cuts. Figure them out and use them. Three seconds is a lifetime when you are waiting for someone to show a call-out or even just bring up an image. It makes you look unprofessional and gives strength to your opposition.

Other articles from A2L Consulting focused on trial technicians, hot seat operators, and trial presentation software include:

trial technician trial technology courtroom technology consultants new york texas florida california boston virginia

 

Tags: Trial Technicians, Trial Consultants, Trial Presentation, Hot Seat Operators, Trial Technology, Trial Director

Last Day to Vote: Best of Legal Times 2016

Posted by Ken Lopez on Fri, Sep 23, 2016 @ 12:43 PM

bestofthelegaltimes2016-lastday.jpgby Ken Lopez
Founder/CEO
A2L Consulting

A2L was thrilled to be nominated in a number of categories again in the “Best of Legal Times” competition. We have won in these categories before, and I'd love your vote today in support of us.

I think these types of surveys are very useful for lawyers to participate in by identifying the very best service providers to the legal industry whom they are familiar with, in any number of categories. Once the results are in and published, lawyers and law firms can use the survey results, which can serve as a handy shortcut for finding the best providers. This includes, of course, trial consulting, jury consulting and all the other areas in which A2L competes.

These surveys don’t replace the old-fashioned method of seeking out good references and using providers that you’ve had good experiences with in the past. But they add very useful information – the “wisdom of crowds” in the form of the opinions of hundreds of lawyers who have looked to these providers in the past.

We believe that we stack up with the top providers in our industry. This year, we were nominated as Best Trial Consultants, Best Jury Consultants, and Best Demonstrative Evidence Provider.

If you'd like to participate, follow this link and scroll (you can skip the rest) to questions 45, 46, & 49 - don't forget to press the DONE button at the end.

best-trial-consultants.jpg

Thanks for helping to identify the best in the business. You've told us before that we are at the top of our industries, and I hope you'll do it again.

best of the legal times 2016

Previous related accolades:

Tags: Trial Graphics, Trial Technicians, Trial Consultants, Litigation Graphics, Trial Presentation, Trial Consulting, Demonstrative Evidence, Trial Technology, Trial Director, Awards, blog

The Top 15 Litigation E-Books & Webinars of 2015

Posted by Ken Lopez on Thu, Nov 19, 2015 @ 03:18 PM

top litigation ebooks webinars 2015 a2l consulting litigation consultants jury graphicsby Ken Lopez
Founder/CEO
A2L Consulting

Every year we publish several free e-books and conduct several free webinars focused on litigation, trial graphics, persuasion, and winning cases, both before and after trial. These are among our more popular products. Thus far in 2015, readers have downloaded a piece of content from our collection of more than 30 e-books and webinars more than 10,000 times.

There is something for everyone in these e-books and webinars, from the latest insights in storytelling to the art of making a great presentation, from how to get a jury to reject junk science to the best way to conduct voir dire. These are not bland marketing materials; they represent the state of the art in our profession, and they are full of useful tips and strategies that lawyers can use.

Our books are typically made up of hand-curated articles culled from over 500 that the team members of A2L Consulting have published over the last five years. 

A2L's webinars are like free mini-CLE courses -- except that they are much more interesting than your typical CLE event.

Our newest type of material is the podcast. These are showing serious promise as more and more readers learn about them and download them. We now have three podcasts available – again, totally free for download. They are: Twelve Things Every Mock Juror Ever Has Said, Five Ways to Maximize Persuasion During Opening Statements, and Storytelling in Litigation.

Here are the top 15 litigation e-books and webinars of 2015, ranked in order of the number of times they have been downloaded. It is possible to share each of these resources with your colleagues on Twitter and LinkedIn by clicking the buttons below.

15. How To Find and Use Trial Technicians and Trial Technology

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14. Storytelling as a Persuasion Tool Webinar

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13. The Patent Litigation Toolkit 3rd Ed

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12. The In-House Counsel Litigation Toolkit

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11. Using and Creating Litigation Graphics to Persuade

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10. Winning Your Case BEFORE Trial Webinar

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9. Combating Junk Science E-Book 2nd Ed

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8. Top 75 Articles of All Time E-Book

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7. Litigation Support Toolkit E-Book

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6. The Complex Civil Litigation Guidebook

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5. How To Use and Design Trial Timelines

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4. Storytelling for Litigators E-Book 3rd Ed

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3. Maximize Persuasion During Opening Statements Webinar

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2. The Opening Statement Toolkit

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1. The Voir Dire Handbook

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Tags: Trial Graphics, Trial Technicians, Litigation Graphics, Jury Consulting, Litigation Consulting, E-Book, Webinar, Trial Technology, Litigation Support, Jury Consultants, Articles, Voir Dire, Storytelling, Opening, CLE

7 Bad Habits of Law Firm Litigators

Posted by Ken Lopez on Wed, Oct 28, 2015 @ 11:08 AM

attorney bad habits lawyer trial courtroomby Ken Lopez
Founder/CEO
A2L Consulting

In our role as trial consultants, we frequently work with some of the top law firm litigators in the nation, as well as with in-house counsel for some of the nation’s major companies. Ideally, we form a cohesive team that works seamlessly to provide outstanding trial representation and to win cases.

Occasionally, we find that law firm litigators are engaging in bad habits that can increase inefficiency, cost the client money, and decrease the chances of winning at trial. Here are seven of them.

1. Lawyers designing PowerPoint slides. Anyone who went to law school can of course use PowerPoint. Generating PowerPoint slides is not difficult, and lawyers are smart. Many lawyers can even make PowerPoint slides that look nice. But:

a. It's not about pretty slides, it's about effective slides, and the rules for how to create those take years to learn. See Litigation Graphics: It's Not a Beauty Contest

b. A lawyer doing slides costs the same or more per hour than a litigation graphics expert doing slides. Classically, you could cut your own hair, but why would you? See How Valuable is Your Time vs. Litigation Support's Time?

c. A lawyer creating slides does not know the tricks of the trade. See Trial Graphics Dilemma: Why Can't I Make My Own Slides? (Says Lawyer)

d. A lawyer creating slides will likely tell a chronological story instead of an effective story. See Don't Be Just Another Timeline Trial Lawyer

e. A law firm might claim to have in-house litigation graphics expertise (See 13 Reasons Law Firm Litigation Graphics Departments Have Bad Luck). But ask yourself: How many trials does that law firm do per year? For even the largest firms, that answer may be a couple dozen. How many cases does that lone artist work on? A small percentage of what is already a small number? Contrast that with a litigation consulting firm with graphics expertise that might do 50 or 100 trials per year concentrated among a handful of key staff. See With So Few Trials, Where Do You Find Trial Experience Now?

2. Paralegals running trial technology. This is pretty common, and I'm not as adamant about this as I am about content creation. Still, when something goes wrong, you want to have one or more people on the team who have been to hundreds of trials, not a few. You might save some money by keeping the service in-house, but the savings are small if any, and the trade-off is a lot of risk. Free Download: How To Find and Use Trial Technicians and Trial Technology 

3. Conducting in-house mock trials. I call this getting high on your own supply. You should pick mock jurors from a broad base of people that mirrors your likely jury. See 11 Problems with Mock Trials and How to Avoid Them

4. Lawyers running PowerPoint at trial. It often works, but it often does not work. Why would you allow your litigators to create risk with almost no benefit? See Making Good Use of Trial Director & Demonstratives in an Arbitration and 12 Ways to Avoid a Trial Technology Superbowl-style Courtroom Blackout

5. Outside litigators who are afraid to ask for help. Litigation is one of the few competitive areas in which people are afraid to rely on coaches, best practices, and experts, and that makes no sense. Even Michael Jordan had a coach. See Accepting Litigation Consulting is the New Hurdle for Litigators

6. Outside trial counsel who is afraid to ask for a needed budget item. They often see a pie of a set size, and asking for budget for a mock trial or other litigation consulting support, might take pie away. You should instead see a pie whose size can be changed when it makes sense. See In-House Counsel Should Make Outside Litigation Counsel Feel Safe

7. Outside litigators who conduct frighteningly last-minute preparation for trial. I really think the days of the cowboy litigator who rides in at the 11th hour and charismatically bends a jury to his will are largely over. The opposition is much more sophisticated now, and so are juries. See The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation

Have you ever seen any of these habits play out?

Other articles and resources by A2L Consulting focusing on trial preparation, the relationship between in-house counsel and outside litigators and on winning cases generally include:

in-house counsel litigation toolkit e-book free download

 

 

Tags: Trial Graphics, Trial Technicians, Mock Trial, Litigation Consulting, Trial Technology, Litigation Support, PowerPoint, In-House Counsel

Why We Blog (and Maybe Your Firm Should Too)

Posted by Ken Lopez on Wed, Oct 14, 2015 @ 04:10 PM

blog blawg storytelling inbound marketing lawyers content marketing attorneysby Ken Lopez
Founder/CEO
A2L Consulting

A new friend of mine had been the head of litigation at a Fortune 500 firm known for frequently being involved in litigation. He said something interesting to me earlier this week: “You guys put the best information out there. You synthesize litigation information better than anyone else. But does it translate into business for you?”

He said that last part with a bit of skepticism in his voice. That was an “aha” moment for me. I realized that I really haven’t talked much about how helpful our blogging has been to our business (and might be for yours), so I want to share some of the amazing facts about it.

A month ago, we celebrated our 7,500th subscriber who signed up to be notified of new articles in this Litigation Consulting Report Blog. In just four and a half years, we have gone from zero subscribers to 7,500. We have progressed from 800 visitors to our website each month to about 20,000. We've gone from a small handful of downloads from our website each month to about 2,000 per month. We've gone from a couple dozen published articles to more than 500. Even the American Bar Association has called our blog one of the very best. That is amazing, and I've shared most of that information in some form before.

Here's the most important piece I've never shared, and it's what I shared with my new litigation friend: Just about every business day, sometimes many times per day, someone asks about working with us as a result of reading something on our blog.

Five years ago, I thought a blog would be a neat way for us to show some thought leadership in the industry, but I didn't really think it would be a big business generator. I was wrong. The blog generates most of our business now, and I am more surprised about that fact than anyone.

Five years ago, we pulled in most of our jury consulting, litigation graphics and trial technology/courtroom hot-seat consulting work by calling prospects on the phone (repeatedly). Most of our competitors still do this. I just never believed that annoying people into buying from us was a good long-term strategy, and I think history has proven us right.

Our blog generates exactly the kind of business that we are great at. If someone reads our blog and enjoys it, it means they tend to think as we do as an organization. It means they are serious about winning and willing to do what it takes to win. They probably also have an understanding of the proven persuasive power of storytelling, of litigation graphics, of the rhetorical techniques we share with our clients and of the value of outsourcing some of these elements of trial preparation to experts. It self-selects the very best litigators who typically go on to win cases. 

So, I can't say that we blog for the money, but it is a very pleasant side effect. We blog because we love the work that we do. We live in the courtroom every day, and there are not many people like us. We love to share our message and hopefully to elevate the entire industry in the process.

A blog is the most classic and best example of inbound marketing – the type of marketing that is considered the best and most successful type in the Internet age. Inbound marketing focuses on creating high-quality content that pulls people toward one’s company and one’s services. By aligning the content that we publish with our customers’ interests -- through the blog, the articles that we write and other means -- we naturally attract inbound traffic that, over time, becomes our best source of new customers.

a2l consulting top 75 articles of all time

Tags: Trial Technicians, Litigation Graphics, Jury Consulting, Hot Seat Operators, Trial Technology, Litigation Support, Articles, Marketing, Business Development, blog

Top 7 Things I've Observed as a Litigation Consultant

Posted by Ryan Flax on Wed, Oct 7, 2015 @ 12:42 PM

litigation consultant best in the industry graphics storytellingby Ryan H. Flax, Esq.
(Former) Managing Director, Litigation Consulting & General Counsel
A2L Consulting

I’ve passed another anniversary at A2L Consulting and in my time as a litigation consultant I’ve been both surprised and reassured about the state of the litigation business and its players (I also wrote about my surprises upon beginning my career as a litigation consultant). I’ve seen both the very best and quite bad litigators in action and have consulted for both. Although some litigators don’t live up to my high standards, I’m impressed by many litigators as both professionals and people. Here are seven of my observations over these years that I think might help you in your practice.

  1. Many Lawyers Confuse Chronology With Storytelling

It is almost universally accepted that storytelling is important to engaging an audience (including a jury) and that framing a client’s case as a compelling story is key to doing your best at trial, particularly in opening statements. But more often than not, when I ask a litigation team what their client's story is, rather than explain “why we’re really here” as they would to a jury and illustrate some conflict and emotionally valuable moral that is critical to juror engagement, they rattle off some chronological series of events that led to a legal injury to their client or some misconstrued relationship by the opposing party. These are not stories and presenting a case framed this way, while possibly interesting to a legal scholar, is not compelling to a juror.

I’m surprised that so many smart litigators fall into the chronology trap and forsake emotional connection to engage jurors. I don’t advise pandering to a jury or excessive emoting by a litigator, but for a jury to care about you and your client and generate the stamina jurors need for a trial, litigators must tap into their emotional brains. This is not done by an information dump, a calendar, or using a lot of words.

A story answers the question posed above – why are we here today, in this courtroom? A story also has all the stuff you learned in grade school: a beginning, middle, climax, and end, characters, setting, theme, and moral.

  1. Some Lawyers Focus Too Much on Too Small Things

It’s easy for litigators (even more so for the associates doing the day-to-day stuff) to over-focus on every detail. The prospect of overlooking a potentially key piece of evidence or being surprised by an unknown fact exposed by opposing counsel is frightening for attorneys (it was for me), so we often wind up thinking way too much about every little thing in a case. This is called being “in the weeds,” and when you’re there it’s exceedingly difficult to escape without help. It happens with the selection of evidence, with witness prep, and even with the development of graphics, where sometimes counsel wants to very carefully think over every aspect, e.g., choosing what font style and color palette and slide aspect ratio will best work for their case.

On each of these things, I urge counsel to take a step back and delegate where possible so they can focus on the BIG PICTURE. The best first-chair litigators do this naturally, and the rest of us need to do it deliberately. Attorney time and brainpower should be spent on figuring out what it will take to win. Let litigation graphics consultants decide what font works best for your opening statement presentation. It will be a relief when you do.

  1. Many Litigators Don’t Know What Tools Are Available

Even though the litigation consulting industry has been around for decades, I still find a lot of lawyers really don’t know what we do (in total) and what persuasive tools are at their immediate disposal. Often, my first conversations with new clients include questions like, “What all do you do?” The concepts of litigation graphics, presentation and persuasion consulting, trial technology, and jury consulting are not concrete ideas in many litigators’ minds, and I often have to educate clients on what we have in our (their) toolbox.

Most often, such attorneys think of litigation graphics as discrete images created for specific points they want to make during trial. They don’t understand that, while that’s a part of our work, such graphics won’t alone provide the immersive visual experience necessary (particularly during opening statements) to persuade jurors.

Also, many litigators seriously consider doing their own graphics and/or in-court technology presentation. They have Microsoft PowerPoint and Word and can cut and paste and they’ve heard that iPad apps make evidence presentation easy. The former is never a good idea and, while the later might be true for some situations, e.g., a hearing or very small trial, it’s not going to work in any bigger trial that could have hundreds or thousands of exhibits. There is a lot to know about crafting persuasive trial visuals and there are professionals who do nothing but build trial databases, edit deposition videos, and run trial presentation software to create a seamless trial for you and your jurors. Litigators should understand this and use professionals (and let your paralegals focus on what they should be doing as well).

  1. Litigators Still Wait Too Long to Bring in a Litigation Consultant

Even though they know better, most of the time litigation teams wait until just weeks before trial to engage a litigation consultant / jury consultant / graphics team / trial tech. Even though they know waiting makes it a more difficult budget-sell to their client, leads to an uncomfortable rush to develop graphics, may make mock jury exercises impossible, and forecloses the possibility of building discovery around what they learn from a consultant, they wait. I urge early planning for trial (at the complaint/answer stage), which is the right time to develop that important two-track litigation strategy, and begin working on your case story and graphics as early as possible. Although we can certainly help you late in the game, we can do a lot more before halftime.

  1. A Lot of Litigation Graphics are Subpar

When I get the chance, I always go to my client’s opening statements and then to as much of the rest of their trials as possible. So I get to see the litigation graphics developed by/for opposing counsel. I’m consistently underwhelmed.  It's impossible to say whether these poor visuals directly led to the oppositions' losses at trial, but they didn't help.

More often than not I see a lot of text-heavy graphics – a severe barrier to juror engagement and communication. I see a severe lack of style, clarity, and intentional design - this screams lack of preparation and deliberateness in presentation. There are key visual presentation concepts that, if understood and followed, lead to persuasive graphics, e.g., font type, color choice, simplicity, complexity, branding, style, and others. There is no shortage of information about these concepts out there, but it seems most folks are not paying attention. We are.

  1. Lawyers Don’t Spend Money Where It Can Help Them

Litigation consulting, jury research, trial graphics, and trial technology cost your client money – very true. But the ROI on these services far outweighs their expense in bigger cases. The cost of a typical larger litigation, such as an employment case, hovers just around $1M. A typical bigger patent case costs about twice that amount. However, the services and tools that could be used to hone your persuasive game at any stage of such litigations turn out to be a very, very small fraction of these costs.

Take a big-time patent and breach of contract case where our client won over $300 million in damages. The costs for A2L’s services were well below $200,000, about 5% or less of the litigation budget and about 0.005% or less of the damages award. I know that our services played an important role in the victory, even though the trial team was beyond outstanding.

But, we still see litigation counsel struggling to decide whether $30,000 or $50,000 is the right spend for a mock jury focus group (a $20K difference that could be the difference between scientific data results and seat of the pants analysis) or whether to spend $12,000 to have a professional trial tech hot seat operator at trial (they should), or whether they can make their own graphics for opening statements in house (they cannot). In my view, saving a penny to lose a dollar makes no sense.

  1. Practice is as Important as Everyone Thinks

Finally, it’s been shown time and time again that practicing oral argument makes sense. The more you practice, the better you’ll do. It takes time, but again, the ROI on this time investment is tremendous. When litigators do several full speed run-throughs for opening statements or oral arguments, I see them do a fantastic job at the real thing. They don’t need notes, they know their subject matter, they are and appear more comfortable, they seem more reasonable, and they use their graphics perfectly in a compelling way.  Not practicing so that you can feel and seem more spontaneous at opening is a recipe for a poor performance.

Practice. And start early.

Other articles and resources about storytelling, litigation consulting and trial preparation from A2L Consulting:

a2l consulting top 75 articles of all time

Tags: Trial Technicians, Litigation Graphics, Jury Consulting, Mock Trial, Litigation Consulting, Demonstrative Evidence, Trial Preparation, Storytelling

20 New Litigation Realities (to Celebrate Our 20th)

Posted by Ken Lopez on Thu, Oct 1, 2015 @ 07:19 AM

litigation consulting litigation consultantsby Ken Lopez
Founder/CEO
A2L Consulting

Today is the 20th anniversary of the founding of A2L. We literally started in a closet not long after I finished law school. First, we were Animators at Law. Then almost five years ago, we became A2L Consulting to reflect the fact that litigation graphics were now less than half of our business. Jury consulting, trial technology support and litigation advisory services are now a bigger part of what we do.

Twenty years later, we're a national litigation consulting firm and arguably, the very top litigation consulting firm in the country. That's not mere puffery. We're consistently voted #1 in local and national legal industry surveys.

To celebrate our 20th, here are 20 new realities that litigators, in-house counsel and litigation support professionals should consider.

1. The New CLE: It is a rare CLE seminar that does not put us all to sleep. I think that modern formats of continued learning like our Litigation Consulting Report blog and other litigation blogs, including those recognized by the American Bar Association, are the best places to go for continued learning. It’s time for the legal establishment to agree.

2. The power of storytelling: The science behind the effectiveness of storytelling as a persuasion device is just now coming into view. It is critical for litigators to study this field and to understand the insights it has developed. See, Storytelling for Litigators E-Book 3rd Ed.

3. Big firm litigators rarely try cases: As a result of this new reality, litigators must get a new kind of help - help from trial tested litigation consultants. These courtroom experts may participate in 50-100 trials per year. It just stands to reason that they can help a litigator who is in court far less frequently. See, With So Few Trials, Where Do You Find Trial Experience Now?

4. Using PowerPoint incorrectly does more harm than good. Most lawyers will actually design slides for themselves that will reduce overall persuasion - but they don't have to. See, How Much Text on a PowerPoint Slide is Too Much?

5. Juror expectations are on the rise: Jurors expect litigators to wow them a bit with graphics and to keep them interested. They know what can be done in the form of graphics and at a lower price than ever before. See, Will Being Folksy and Low-Tech Help You Win a Case?

6. The ability to test is on the rise: The often high price of mock trials scares off many, but almost every case deserves some form of testing. To make this possible, our firm and others have developed a wide range of testing methodologies that can fit every budget. See, Introducing a New Litigation Consulting Service: the Micro-Mock™

Podcast Directory

7. Persuasive visuals are everywhere. From White House press releases, to the courtroom, to advocacy organizations, the world is waking up to the power of persuasive graphics. See, Persuasive Graphics: How Pictures Are Increasingly Influencing You

8. All filings use visuals now. It used to be incredibly rare to see persuasive litigation graphics used in court filings, but now it is commonplace. See, 14 Places Your Colleagues Are Using Persuasive Graphics (That Maybe You're Not)

9. Law firms will become even more like businesses: Law firm marketing, business development and PR were unheard of 20 years ago. Law firm pricing strategies are a new and emerging field. Yet all of these areas are normal functions of even small businesses. Increasingly, law firms will look more like businesses going forward, embracing more transparency and developing sales teams. See, 24 Things to Know About The "New Normal" of The Legal Economy

10. Courtrooms are more electronic, but there are not all there yet. We still bring equipment into most trials. There are many things you need to check with the court. And a great deal still depends on the predilections of the judge. See, Trial Technicians, Hot-Seat Operators and Trial Technology

11. The science of persuasion is real science. Neurological research has shown that particular regions of the brain are activated when a person is persuaded by an argument. New findings are constantly emerging. See, 8 Videos and 7 Articles About the Science of Courtroom Persuasion

12. For a small trial, you can use an iPad and TrialDirector (for free). It's not something you want to try in a document intensive case, but for a case with a handful of documents and just a few video depositions, this is now a reasonable strategy to consider. See, 5 Tips for Using TrialDirector and Trial Technicians Effectively

13. Mock hearings are routine. From mock Markman hearings, to mock Federal Circuit appeals, trial consultants can and do provide mock sessions that hone litigators’ skills and show them what to expect. See, 11 Surprising Areas Where We Are Using Mock Exercises and Testing

14. Graphics in depositions. We are increasingly being called upon to create demonstrative evidence to be used during depositions. See these deposition articles generally.

15. Animation is used selectively. Once, animation was the be-all-end-all of the demonstrative evidence industry. 3D animation at least is now only used in big ticket cases involving complicated mechanisms that must be seen from multiple angles or anytime we want a jury to experience "seeing is believing." See, What Does Litigation Animation Cost? (Includes Animation Examples)

16. Animation is more PowerPoint than Pixar. These days, we create a lot of animation, but almost all of it is done in PowerPoint. Now, don't be fooled, you can do some pretty sophisticated work in PowerPoint now. Have a look: 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint

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17. Voir dire testing is real science not gut instinct. There was a time when jury consultants were a lot of flash, bravado and gut instinct. Those days are now gone. Now, the great jury consultants let data based on testing speak about how best to conduct jury selection. See, 12 Insider Tips for Choosing a Jury Consultant

18. Judge expectations. Just as juror expectations have risen so have the expectations of most judges. They are not looking for CSI. Rather, they are looking for a much more efficient presentation of the evidence through the use of well thought through litigation graphics and even the design of ipad-compatible hyperlinked briefs. See, Hyperlinking Briefs: Be More Persuasive Using The iPad

19. The use of litigation consultants as coaches is on the rise. I know I'm biased, but if I were in-house, I would insist that my outside litigators worked with a firm like ours. With so much at stake and so few trials occuring, getting a third-party view of a case has enormous ROI in a big-ticket case. See, 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do

20. Great litigation consulting firms endure, adapt and grow. Our firm was founded as an animation for lawyers firm, then it became a graphics for lawyers firm, then a litigation consulting firm (as far as I know we coined the use of that term in 1998), then a trial technology and litigation graphics firm, then a jury consulting and litigation graphics firm, and now our work advising in-house counsel about how to get great results from outside litigation counsel is taking A2L into new areas still. We'll keep adapting and growing, and I hope you'll join us in that effort. 

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Tags: Trial Graphics, Trial Technicians, Litigation Graphics, Jury Consulting, Litigation Consulting, Trial Consulting, Hot Seat Operators, Trial Technology, iPad, Jury Consultants, Voir Dire, Storytelling, PowerPoint, Persuasive Graphics, CLE, Persuasion

Announcing The Trial Tips Podcasts from A2L Consulting

Posted by Ken Lopez on Wed, Sep 23, 2015 @ 09:42 AM

A2L PODCAST TRIAL TIPS LITIGATION DIRECTORYby Ken Lopez
Founder/CEO
A2L Consulting

We have been publishing this blog for almost five years now, and we keep finding new and better ways to share our insights. Our free e-books are downloaded thousands of times per month, our webinars are viewed by hundreds, and every month, more than 200 new people subscribe to our blog.

Today, we're announcing a new way for you to benefit from our valuable free content about litigation and persuasion — podcasts.

As technology has advanced over the past 10 years, podcasts have moved from obscurity to mainstream. Briefly, a podcast is a type of digital media that is essentially a radio show that can be streamed online to a computer or mobile device. The term was invented in 2004 as a combination of the word “pod” for the iPod and the word “broadcast,” but podcasts can be accessed on any capable device, not just on the iPod.

Here at A2L, we are kicking of our new Trial Tips Podcast by introducing three long-format podcasts. Each is an audio version of one of our webinars. These are not just any webinars, but our three most popular webinars.

  1. Storytelling in Litigation
  2. 12 Things Every Mock Juror Ever Has Said
  3. 5 Ways to Maximize Persuasion During Opening Statements

You can start enjoying this content right now for free by clicking here to access our podcast directory.

I hope that you'll leave feedback here or drop me a line. We're planning to dramatically expand our content offerings, including our podcasts, very soon.

Tags: Trial Graphics, Trial Technicians, Trial Consultants, Trial Presentation, Jury Consulting, Litigation Consulting, Trial Consulting, Demonstrative Evidence, Hot Seat Operators, Trial Technology, Jury Consultants, Trial Preparation, Podcasts

Can State and Local Governments Afford Litigation Consultants?

Posted by Ken Lopez on Mon, Sep 21, 2015 @ 10:19 AM

state local government jury consultants graphics litigation consultants pricingby Ken Lopez
Founder/CEO
A2L Consulting

Well, yes, of course they can. In fact, we are hired by them with some frequency. Let’s be specific.

Our firm is just about 20 years old, and while our typical client is a medium-sized to mega-sized law firm, we work with a government entity every month of the year. Usually, our work is on behalf of some entity of the federal government, typically the U.S. Department of Justice or some other agency such as the Environmental Protection Agency.

A typical large engagement for A2L Consulting would involve conducting several multi-panel mock trials that would help inform the development of litigation graphics, the jury selection, and the overall trial strategy. It would involve the development of litigation graphics for both sides of the case through the mock trial. It would also involve a full development of our side of the case, including the incorporation of storytelling techniques into the opening statement presentation. It would then involve a trial technician who would develop the database of video depositions and documentary evidence for instantaneous display.

This is not what a government entity hires A2L for.More typically a government engagement, whether local, state or federal, would involve a subset of one of our service areas. Instead of a large multi-panel mock trial, a focus group study or micro-mock is often used. Instead of a deep and protracted engagement with the development of litigation graphics over months, incorporating storytelling and opening statement practice sessions, often our engagements will be limited to either the development of an opening statement, practice sessions, or a consulting engagement to help incorporate storytelling techniques.

After all, some of the cases in which state and local governments are involved are high-priority matters, such as environmental cleanup, zoning, eminent domain, and employment cases, where millions of dollars may be at stake. We know that we can help clients like this, even though they may have a limited budget.

We've written before about how to save money when engaging litigation consultants. Sometimes, this involves asking the right questions. Sometimes, it involves understanding the most cost-effective ways to proceed. Sometimes, it involves communicating your budget to your litigation consulting firm, even if it is only $5,000, and asking what is possible. Something is always possible.

The articles below will help make you an expert in using litigation consultants in a cost-effective manner.

Other articles related to trial presentation services and cost saving tips from A2L include:

a2l consulting top 75 articles of all time

Tags: Trial Graphics, Trial Technicians, Litigation Graphics, Jury Consulting, Litigation Consulting, Demonstrative Evidence, Hot Seat Operators, Trial Technology, Pricing, Advocacy Graphics

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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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