<img height="1" width="1" alt="" style="display:none" src="https://www.facebook.com/tr?id=1482979731924517&amp;ev=PixelInitialized">

Trial Lawyers: Only Do What Only You Can Do

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

Read More

Share:

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

Read More

Share:

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.

Read More

Share:

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.

Read More

Share:

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?

Read More

Share:

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.                        

Read More

Share:

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

Read More

Share:

Trial Lawyers, Relinquish the Clicker

It’s a phenomenon that I’ve seen countless times – renowned first-chair trial lawyers seeking to maintain hands-on control of their trial presentation by literally holding on to the clicker. Unfortunately, despite these lawyers’ sometimes desperate efforts to keep control, something almost always goes wrong in these situations. For example, lawyers can lose track of their place and get ahead of their presentation in PowerPoint or another form of presentation software. They can try to go back a slide or two and find that they can’t get back. They can even click around so wildly that they crash the software during an opening statement. As one can imagine, these scenarios can lead to a cascading meltdown for the presenter, who can become increasingly flustered. I’ve seen trial lawyers stop using their presentation software just because of an unanticipated “clicker crisis.” This level of crisis can be highly destabilizing for the lawyer’s team, as the lawyer’s frustration can spill over to the judge and jury. It can cause an immediate lack of credibility. At the very least, it can create distance between the trial team and the judge or jury, just at the moment when the team should be building rapport. The solution is remarkably simple. In a recent article, I wrote about Israeli Prime Minister Benjamin Netanyahu’s presentation concerning Iran’s nuclear capabilities. If you watched Netanyahu for even a few seconds, you noticed that he wasn’t controlling a clicker. He looked prepared, confident and convincing – and one reason for that is that he used the political equivalent of a trial tech or hot-seat operator to take charge of the clicker.

Read More

Share: