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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

Is the Witness a Big Fat Liar, and Can the Jury Tell?

Posted by Katie Bagwill on Mon, Dec 5, 2016 @ 03:40 PM

witness-how-to-tell-if-lying-liar-deposition-trial.jpgby Katie Bagwill
A2L Consulting

Wouldn’t it be nice to be able to learn, just from hearing a witness utter a few phrases, that the witness is lying? Unfortunately, we can’t read minds, so we need to make do with second best: reading the tone of the witness’s voice and eye movements.

The scientific community has been working hard to develop a way to gauge an individual’s truth telling based on the person’s behavioral, verbal, and physiological responses. In the meantime, you can use these ideas when questioning a witness, preparing your own witness to give testimony, and selecting potential jurors.

Vocal Cues. Using questioning methods similar to that of a polygraph, voice stress analysis is used to pick up on changes in the frequency in a person’s tone of voice when speaking. The basic idea is that when you are lying, the muscles that contract when you are speaking will produce a slightly higher or lower frequency. By having someone speak into a microphone, you can use a vocal stress analyzer on your computer or, thanks to technology, on your phone.

Why it should matter to you: Even if those tools aren’t available to you or would be too time-consuming to use, the basic principle is something you should keep in mind: lying causes physiological stress and stress causes a person’s vocal pitch to change. While a seasoned liar may be good at keeping his or her voice steady when lying, the average person (i.e. someone called for jury duty) could let it waver.

Eyeball Movements. There’s this idea floating around that if someone is looking to the right they are lying and if they look to the left they are telling the truth. While this isn’t necessarily always true, there is a science behind it. Research has been done that links patterns of eye movements to different forms of cognitive processing. Each direction notes the characteristics of the thought process in question (visual, auditory, emotional). The difference in sides refers not to just “lying” but to the cognitive processes used in creating a realistic story, which requires a higher level of thinking than recalling. (see also http://www.a2lc.com/eyechart)

Why it should matter to you: Take note of the witness’s or potential juror’s normal eye movements while speaking. Deviance from their “normal” is a stronger indicator of “creative” thinking than utilizing the eye movement chart alone. In combination with other methods of detecting deception, it is a useful tool.

Other articles about psychology, cogitive bias, persuasion, and influencing juries from A2L Consulting include:

A2L Consulting Voir Dire Consultants Handbook

Tags: Trial Consultants, Jury Consulting, Trial Consulting, Juries, Voir Dire, Jury Selection, Psychology, Expert Witness, Witness Preparation

The 10 Top Free Trial Lawyer Resources of 2016

Posted by Ken Lopez on Wed, Nov 2, 2016 @ 03:57 PM

best litigation ebooks webinars cle for trial lawyers of 2016by Ken Lopez
Founder/CEO
A2L Consulting

As we approach the end of 2016, I'm reviewing the many free resources that have been viewed and downloaded from A2L Consulting's extensive litigation-focused website this year. From podcasts to blog articles to free downloadable e-books to free webinars, we have given back this year to the trial community more than ever.

Our blog has been accessed 250,000 times, our 20+ free e-books have been downloaded tens of thousands of times and more than 1,000 new subscribers have signed up for a free litigation and persuasion-focused blog subscription in the past year.

To help sort through all that data and information and focus on just the best content and resources, here are the 10 items, all completely complimentary and without additional obligation, that saw the most intense attention this year from the litigation industry's top players.

  1. free litigation ebooks for trial lawyersVisits to A2L's free resources (podcasts, e-books, webinars etc.): This central set of resources allows visitors to our site to direct themselves to the information they most need.




 

  1. ryan-flax-a2l-litigation-consultants-webinar-recorded.jpgStorytelling for Litigators Webinar: The science of using storytelling for persuasion is in its nascent stages. This webinar explains what is now known and how to best use storytelling techniques to influence other people’s thoughts and conclusions.

 



  1. a2l-patent-litigation-consulting-4th-toolkit.jpgThe Patent Litigation Handbook 4th Edition: During A2L's more than 20 years in business, intellectual property cases have represented nearly half of our total work. Therefore, it’s no surprise that when we want to update one of our handbooks, we often turn to our patent litigation handbook. It’s a perennial winner.

 



  1. a2l-consulting-voir-dire-consultants-handbook-cover-drop.jpgThe Voir Dire Handbook: I'm surprised by how popular this book is, but voir dire continues to be one of the most searched for terms on our site. We routinely help support trial teams during jury selection and conduct mock exercises that have a voir dire component.

 




  1. complex-civil-litigation-ebook-free.jpgComplex Civil Litigation Handbook: This book is a necessity for anyone who enters civil courtrooms, develops theories for civil cases, or works on complex civil litigation.










 

  1. trial-timeline-ebook.jpgTrial Timelines E-Book: Used in almost every case, timelines are an essential communication tool. If you think that a timeline is simply a date bar with topic flags, this book has a great deal to teach you about this valuable concept.






 

  1. storytelling-and-persuasion-for-litigators.jpgStorytelling for Litigators E-Book: This book and its prior edition has been downloaded thousands of times.

 







  1. expert-witnesses-how-to-answer-questions-deposition-cross-1.jpgThe Top 14 Testimony Tips for Litigators and Expert Witnesses: No matter how well prepared a witness is, he or she can face a tricky question or a trap planned by opposing counsel. This article identifies 14 of those common situations and the best strategies to foil these tactics.

 




  1. best-voir-dire-questions-to-ask-mock-trial-federal-court-1.jpgFive Questions to Ask in Voir Dire . . . Always: This blog article originally published in 2013, has been read nearly 20,000 times this year alone.




 

  1. litigation-consulting-report-blog.pngOur litigation blog, The Litigation Consulting Report. Now, every year, more than a quarter-million visits are paid to our blog. It's been named a top litigation blog by the American Bar Association, The Persuasive Litigator, Cogent Legal, Justia, LitigationWorld and many other organizations. Why not claim a free subscription here or share one with a friend?






Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Jury Consulting, Litigation Consulting, Trial Consulting, E-Book, Demonstrative Evidence, Webinar, Litigation Support, Patent Litigation, Voir Dire, Storytelling, Timelines, Podcasts, blog

Jury Selection Psychology: Beware of Sleeping Jurors – They’re Like Sleeper Cells

Posted by Laurie Kuslansky on Fri, Mar 4, 2016 @ 09:25 AM

jury selection psychology;  jurors; mock jury; jury consulting; jury studies; juries; jury psychologyby Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting


Invariably, despite excellent presentations at mock trials, some observers serving as mock jurors fall asleep. The typical response by clients is to ask us to wake them up, which we often do, but with limited success, as they tend to fall back asleep. The myth, debunked time and again, is that these people aren’t taking it seriously, aren’t taking it in, aren’t paying attention, and will have nothing to contribute as feedback. In fact, we have found that this is almost always contradicted by what ensues.

Contrary to what one observes with the naked eye, sleepers have heard more than you think, and certainly have taken in enough in their minds to reach a conclusion. They have fallen asleep because they are “done” and don’t feel as if they need or want more information. Perhaps they find the information boring, repetitive or superfluous, but nonetheless, once deliberations start, clients are amazed to hear what these people say and do. They speak up! They voice well-formed opinions supported by some facts. They don’t ramble and don’t stay quiet in the shadows as one might expect.

The insights of jury psychology tell us that these jurors tend to be very verbal and on point, whether friendly or hostile. At some point in the presentations, one of the parties lost them for good. Funny enough, in over 30 years, we have never heard another juror mention as a counterattack – “What do you know? You were sleeping the whole time!”

Understanding this phenomenon means you should not overlook those jurors in jury selection who seem to sleep either, because they are a few strikes away from being on your jury. They may be susceptible to a variety of cognitive biases we have discussed in prior publications.

Instead of making assumptions about them, find out, if possible, if any prospective jurors work the day shift or have any medical condition that might prevent them from staying awake and alert at trial. If they do not, but still seem sleepy, pay extra attention to how the sleepers answer other voir dire questions. Assume they will have some say in deliberations, rather than dismiss them as low risk because they will sleep. That’s a falsehood. If you take these precautions, we hope you have sweeter dreams and a sweeter reality at trial.

 

Other A2L Consulting articles and resources related to jury selection, voir dire, mock trials and jury consulting:

jury consulting trial consulting jury research

 

 

Tags: Jury Questionnaire, Jury Consulting, Juries, Jury Consultants, Voir Dire, Jury Selection, Psychology

Jury Selection: The Dumbest Jurors Don't Know They Are Dumb

Posted by Laurie Kuslansky on Wed, Feb 17, 2016 @ 03:24 PM

Jury Selection Dumb JurorsBy Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Ignorance, the gift that keeps taking

Ever talk to someone who dismissed valid information as if they were swatting a mosquito? Ever seen an uninformed person hear a fact, not skip a beat, and dig further into their original, ridiculous position? Do you know any bad drivers who think they’re great or subpar workers who always think they deserve a promotion and a raise? Of course you do. No names, please – but you know what I mean.

This phenomenon has been studied as a cognitive error called the Dunning-Kruger Effect. It shows that “less competent people rate their competence higher than it actually is, while more competent people humbly rate theirs lower.”  

There really is no justice.

Incompetent people overestimate their own skill, while competent people overestimate the skill of other people. Most people overestimate their social judgment and mind-reading skill, especially narcissists.

The more you know, the better you can identify gaps in your knowledge and perhaps, fill them in or seek to do so. It takes intelligence to realize (1) there are things that you know that you don’t know, and (2) that there are things you don’t even know that you don’t know. Talented, competent people tend to think it’s just normal and underestimate themselves. This is especially true for difficult tasks and is known as the “Worse-Than-Average Effect.”

Why ignorance is bliss, but hell for the rest of us.

Here is the painfully precise description by David Dunning, psychologist and named investigator of the Dunning-Kruger phenomenon:

“What’s curious is that, in many cases, incompetence does not leave people disoriented, perplexed, or cautious. Instead, the incompetent are often blessed with an inappropriate confidence, buoyed by something that feels to them like knowledge. . . . ignorance carries with it the inability to accurately assess one’s own ignorance.”

Ugh.

The Dunning-Kruger Effect describes the gap between one’s self-assessment and actual ability. Those with the least ability inflate their self-ratings the most. It isn’t that they haven’t been told of their failures – they just cannot recognize their incompetence or incorporate the feedback. In fact, the beauty of this bias is that the more one knows, the less confident one becomes, and vice versa. You need to know something to realize how little you know. But, for the uninformed, the sky’s the limit. You’ve met them at cocktail parties, the office, and elsewhere.

Ignorance and Jury Trials

At a cocktail party, it is annoying, but you can turn away, redirect attention to the bar or go to the restroom, but what can you do if someone experiencing the Dunning-Kruger effect is a potential juror during jury selection? When that is the case, you may hope that your evidence, the law and your persuasive skills hold some sway, when for such jurors, they don’t. Pseudo-evidence, false beliefs and unfounded opinions are their “facts.” Maybe this comes as good news to you, but for most, it does not. (More bad news? In varying subject areas, everyone at some time is subject to this flaw in thinking. Sad but true.)  

What can you do about it?

Accept that they are not going to change. It is a closed circuit that is not open to feedback. Low performers fail to see the relevance of explicit, concrete feedback critical of their performance and instead disparage the accuracy or relevance of it.

Unless nonsense helps your case -- which is unlikely, but possible -- assess prospective jurors’ education and whether they are data-seekers and information gatherers or not. For example, even based only on their jury summons information, you can consider their occupation and whether it is or is not fact-based. If you have the luxury of attaining more information through voir dire, ask: How often and where do they get news? What is the last book they read (if they read)? What programs do they watch (if any)? Would they ever consider continuing their education? Why or why not? Does their education or occupation involve fluffy stuff or “STEM” (science, technology, engineering or math) subjects? Are they more cognitive or emotional deciders? Do they think big picture or focus on critical details? What do they do in an argument when someone disagrees?

If you’re reading this, you’re an information seeker. You are definitely not ignorant and are probably a lot smarter than you think you are. You might even seek to learn more. If so, see and enjoy “The Dunning- Kruger Effect: On Being Ignorant of One’s Own Ignorance.”

 

Other A2L Consulting articles and resources related to jury selection, voir dire, mock trials and jury consulting:

mock jury webinar a2l kuslansky

Tags: Trial Consultants, Jury Consulting, Trial Consulting, Juries, Jury Consultants, Voir Dire, Jury Selection, Psychology

Millennials and Jury Psychology:  Why Don’t They Follow the Rules?

Posted by Laurie Kuslansky on Tue, Feb 2, 2016 @ 08:49 AM

millennials jury psychology jury selectionby Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Baby Boomers (yeah man, those who “grew up” in the ‘60s) raised kids to buck the system. No surprise there. They raised kids to think for themselves, to be more independent and not follow rules blindly, and to distrust institutions.

The result? Millennials (born roughly between 1981-96) are the least religious generation yet. It isn’t that they started off very religious in the first place. They tended to start by being less religious than their parents, and then drop off from there.

This trend applies equally to a distrust of other nonreligious organized institutions such as the labor market, government and marriage, as well as less confidence in the press, government and churches. The study shows, in part, that the biggest shift is the rise of those, heavily represented by Millennials, who claim they do not belong to any organized faith. This isn’t a wholesale rejection of all things spiritual, just of the traditional, institutional variety of beliefs and practices.

How does this relate to litigation and jury psychology?

  1. Historically, jury research has shown that people who are dogmatically religious or are extremely pious tend to see things differently when on a jury, if they do not get exempted based on their unwillingness to judge others. They tend to put a “moral” overlay on the issues being considered, rather than apply a strictly legal standard. Hence, while the defense may pass the lower, strictly legal standard, but not the moral one, the defense may lose for the “wrong” reason. Consequently, defendants have in the past wisely questioned prospective jurors on this issue. That margin, however, is likely narrowing because of the rise of Millennials, so one should reconsider how morality may now play in litigation. If one wants to see morality used by jurors as a filter in judging actions of the defense, avoid Millennials to be safe.

  2. Many cases involve institutions, whether literally or figuratively, e.g., regulators, industry organizations, marriage, contractual agreements and many others. It has long been the practice in litigation for one party, often the plaintiff, to rely on the obligations and expectations imposed by these institutions, but for Millennials, this appeal may well fall on deaf ears. Consider whether to strike Millennials or shift your strategy away from reliance on the responsibilities and rules imposed by the respective “institution” if your jury is heavily stacked with younger jurors. Certainly, you should shade questions in voir dire, if possible, to learn prospective jurors’ beliefs about rule-following and their regard, or lack thereof, for the relevant institutions in your case, not to mention, the legal instructions.

The good (or bad) news, if you have a Millennial juror?

As long as there are older people on the jury who carry more gravitas, jurors won’t likely listen to younger, less experienced and/or less educated jurors. The sense is, “What do you know?” While Millennials may be harmful to your case by themselves, they are unlikely to be determinative. Remember that a jury is a group that interacts together, so before you waste a precious peremptory strike on a Millennial, consider whether he or she has the means, skill and personality in light of the rest of the jury to carry any real weight.

If not? As the Beatles song goes, Let It Be.

Other articles about jury psychology, jury selection, and voir dire from the jury consultants at A2L Consulting include:

A2L Consulting Voir Dire Consultants Handbook

Tags: Jury Questionnaire, Trial Consultants, Jury Consulting, Trial Consulting, Juries, Jury Consultants, Voir Dire, Jury Selection, Psychology

Inside Out: Jury Duty for a Jury Consultant, Part 2

Posted by Laurie Kuslansky on Tue, Jan 26, 2016 @ 03:33 PM

10688004.jpgby Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

My second day serving jury duty in Manhattan was like being on an episode of Undercover Boss, quietly observing fellow prospective jurors in their native habitat, speaking little, but taking in a lot.

It was especially cold outside and those dressed for success on Day 1 (mistakenly thinking they’d get cut loose early and return to work or life the same day), succumbed to the reality that we were there for at least another full day in the Jury Assembly room, so they dressed down, mostly donning casual clothes and sneakers. Gone were the business suits, uncomfortable dress shoes and the like.

Note to counsel: If you want to spot business-clad types, better catch them on Day 1 before these lines get blurred on Day 2. Inquire how many days someone has been serving on jury duty, since changes occur after Day 1.

Despite the good humor of the clerks, it was still quite tedious to sit for a whole day with little to do. Although there was free Wi-Fi, when 200 people use it at the same time, it goes at the speed of molasses, making the use of most applications futile. Only one panel of about 20 potential jurors was called into a courtroom. Another was called in the afternoon from another assembly room downstairs, where former Mayor Michael Bloomberg was also serving.

On Day 2, more people engaged in conversations than on Day 1, but most people still remained in a cocoon of personal space, sleeping, reading, texting or plugged into phones with headphones. In this decade, you no longer see the older women knitting and the numerous hard copies of books. Roughly a dozen diligent people stayed in the side room using their computers with headsets, making no noise except on their keyboards.

Notes to counsel: Inquire about the most recent book read and in which form (Kindle, hard copy, etc.). Don’t expect to judge based on observation of what they may be carrying. Also inquire how they passed their time while waiting. Those who spent time on their computers seemed more active, diligent, and perhaps generally more information-centric than the rest.

Obedience to “rules” also somewhat loosened on Day 2 as people felt a bit more familiar – whether ignoring the rule not to take or make calls inside the Assembly Room or to respond directly in the main room to their name being called for attendance or a panel.

I can’t imagine the anarchy that awaited Day 3, but fortunately, was spared that as the clerks cut loose the entire group of roughly 200 people when no other courts needed to select a jury by about 4:15 pm.

Although there is some talk about returning to summoning jurors in New York County once every four years instead of every six, for now it’s once in six years. However, since the federal system operates independently and calls jurors every four years, it is possible to be called for federal court after serving in the county. Fortunately, there’s a handshake agreement by which federal court honors proof of service in the county. Assuming all goes right, I won’t be back in court till 2022 – except on the other side, where I normally sit, as a jury consultant observing prospective jurors from the outside in, where the view is much better.

Other articles by A2L trial and jury consultants about jury consulting, persuading jurors, and entertaining a jury:

litigation consulting graphics jury trial technology

Tags: Jury Questionnaire, Trial Consultants, Jury Consulting, Trial Consulting, Jury Consultants, Voir Dire, Jury Selection

A Jury Consultant Is Called for Jury Duty

Posted by Laurie Kuslansky on Thu, Jan 21, 2016 @ 10:41 AM

jury consultant jury duty trial consultingLaurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Day 1 (feels like Day 10) at New York State Supreme Court

I showed up early to get a bird’s eye view of the jury experience from a rare perspective: the juror’s. New York County jurors are summoned from Manhattan, Roosevelt Island, and one zip code in the Bronx.

At nine a.m. sharp, the senior jury clerk opened the metal door and let in roughly 200 freshly minted prospective jurors, including me. On a frigid day, it was no surprise to hear a fair amount of coughing, so navigating to a disease-free seat was like skiing a slalom run.

In addition to the jury summons, the courts now request another form asking anonymously for one’s demographics (gender, age, ethnicity) to help the court gauge who is showing up. The information is not available to the public – I asked.

Some improvements (summoning jurors for only two to three days rather than three minimum; summoning jurors less frequently – only once each six years) have been implemented. Other “improvements” to the jury experience – such as providing work space, computers, lots of charging stations, etc. are, sadly, good on paper but a myth, not reality.

Of the approximately 10 desk spaces available in a side room, several were broken and the power strips filled up quickly or didn’t work at all. Of those that worked, oddly, my phone, like me, regained power only weakly after quite some time.

There are four potential reporting areas for New York County jurors. Here, at 111 Centre Street – Room 1121, it is possible to be sent to the same or other buildings for voir dire and/or to serve if chosen. Oddly, while many courthouses have a cafeteria, or at least some sort of hallway refreshment service, the one thing that almost all prospective jurors need, coffee, is nowhere to be found in the building. One must walk – within the 15 minutes typically allotted for a step-out break – two or three blocks to the closest Starbucks or Dunkin’ Donuts and hope that there isn’t too long a line there or at building security upon returning.

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Lunch is typically from one to two p.m. On a slow day, the merciful clerk cut the group loose at 12:30 to return at 2:15 p.m.

The clerks were a bright spot -- a far cry from the old days, when grumpy old men barked orders impatiently at newcomers who dared to ask any questions. The newer ones couldn’t have been more accommodating, amusing and thoughtful. They treated folks with respect and were unexpectedly humorous (advising us to “rough up” the snack machine if it didn’t work and admonishing us not to conduct research to fulfill our “inner CSI fantasies.”)

The clerks did an excellent job pre-screening jurors, explaining all the reasons that duty could be postponed. They were clear that the commitment would not permit any conference calls for work or meeting any other outside obligations during the hours of nine to five. Anyone with doubts was told to reschedule.

People were allowed to keep their cell phones on vibrate, but only to take calls in the hallway. Once one heads to a courtroom for voir dire, phones must be shut off completely (but, at least, unlike in federal courts, one can keep them handy). As a result, the entire area was like Amtrak’s quiet car on the Acela. Do you know what a really quiet, uneventful situation does to people? Yep, you guessed it – it puts them to sleep.

It was a slow day for jury trials (the first day back from Christmas and New Year’s). Only two small panels (about 20 each) were called for voir dire, leaving the bulk remaining to burn time in the jury duty waiting area. Over time, it looked like an airport lounge after many flights have been cancelled, with prospective jurors deteriorating in composure, from alert and coiffed, to taking off their shoes, dropping formalities and falling asleep in progressively awkward horizontal positions of repose.

For me, the day was more fieldwork and fascinating than one with potential to serve as a juror. No lawyer, seeing that I am a jury consultant or learning of my experience working with law enforcement or in litigation, has ever put me on a jury since I joined the profession. My snacks and amusements ran out before the day was done, so despite my fascination with the inside-out experience, after a few hours I too was rendered a slouching, snoring mutt just like everyone else.

I have always had empathy for jurors and have advised lawyers to understand the limits of jurors’ attention spans. Sitting alongside jurors today was a great lesson: the reality is worse than I thought.

So, if you as a litigator do get a juror to pass go and serve on your jury, your hurdle just got higher. They may have been in a stupor for hours or days, just waiting, before getting to your courtroom, so you are starting from behind at getting them to be alert and care. The “general anesthesia” of waiting in the jury area must wear off before they can actually pay attention. And in New York County, it’s an unimaginable horror: they may not even have coffee nearby to help.

Other articles by A2L trial and jury consultants about jury consulting, persuading jurors, and entertaining a jury:

A2L Consulting Voir Dire Consultants Handbook

Tags: Jury Questionnaire, Trial Graphics, Trial Consultants, Litigation Graphics, Jury Consulting, Trial Consulting, Juries, Jury Consultants, Voir Dire, Jury Selection

The Top 15 Free Litigation and Persuasion Articles of 2015

Posted by Ken Lopez on Thu, Dec 31, 2015 @ 12:31 PM

litigation consulting jury consultants litigation graphics dc new york california texas chicago bostonby Ken Lopez
Founder/CEO
A2L Consulting

Nearly 200,000 visits were made to A2L Consulting's Litigation Consulting Report Blog in 2015. With every page view, our readers express their opinion of the value of each article. Those that are the most valuable get the most page views. Today, I'm happy to share the very best articles of 2015 as chosen by our readers' reading habits.

This year, we posted 90 new articles, and that brings our total blog library to nearly 500 articles. If you are involved in litigation or have to persuade a skeptical audience of anything, these articles are an incredibly valuable resource that are available at absolutely no charge.

As we approach our five-year anniversary of this blog, I am very proud of our accomplishments. I'm excited to report that we now have 7,800 subscribers, some articles have been viewed more than 30,000 times, and the ABA named ours one of the top blogs in the legal industry. Not bad for our first five years.

In 2015, these 15 articles below stood out as the very top articles of 2015. Articles focused on PowerPoint, litigation graphics, persuasion, and voir dire continue to dominate our readers' interest.

Each of these articles can be easily tweeted or shared on Linkedin using the buttons below the article title. All are free to enjoy.

I wish you the very best 2016, and here is a link to claim a free subscription so that you get notified when these articles are published.


15. How to Make PowerPoint Trial Timelines Feel More Like a Long Document

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14. A Surprising New Reason to Repeat Yourself at Trial

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13. Lawyer Delivers Excellent PowerPoint Presentation

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12. With So Few Trials, Where Do You Find Trial Experience Now?

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11. 5 Ways to Maximize Persuasion During Opening Statements - Part 1

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10. How to Apply Cialdini's 6 Principles of Persuasion in the Courtroom

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9. 9 Things In-House Counsel Say About Outside Litigation Counsel

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8. Repelling the Reptile Trial Strategy - Pt 4 - 7 Reasons the Tactic Still Works

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7. 10 Ways to Lose Voir Dire

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6. Repelling the Reptile Strategy - Part 3 - Understanding the Bad Science

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5. How Much Text on a PowerPoint Slide is Too Much?

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4. Repelling the Reptile Trial Strategy - Part 5 - 12 Ways to Kill the Reptile

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3. Repelling the Reptile Trial Strategy - Pt 2 - 10 Ways to Spot the Reptile

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2. Repelling the Reptile Trial Strategy as Defense Counsel - Part 1

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1. Why the Color of a Dress Matters to Litigators and Litigation Graphics

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a2l consulting top 75 articles of all time

Tags: Trial Graphics, Litigation Graphics, Demonstrative Evidence, Juries, Voir Dire, Psychology, PowerPoint, Visual Persuasion, Redundancy Effect, Opening, Persuasion

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

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Watch Now: Persuading with Storytelling



Free Litigation Webinars - Watch Now

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Featured E-Book: The Patent Litigator's Guide to Trial Presentation & Trial Preparation

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Featured Free Download: The Complex Civil Litigation Trial Guide

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Free Webinar - Integrating Expert Evidence & Winning Arguments - Watch Anytime.

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Nationally Acclaimed - Voted #1 Jury Research Firm and #1 Demonstrative Evidence Firm in the U.S.

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Download the (Free) Storytelling for Litigators E-Book

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Considering Using a Trial Technician at Your Next Trial? Download this first.

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Featured Free Download: Using Science to Prevail in Your Next Case or Controversy

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Featured FREE A2L E-Book: Using Litigation Graphics Persuasively

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Free Jury Consulting & Trial Consulting Guidebook for Litigators

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Timelines Appear In Most Trials - Learn how to get the most out of using trial timelines in this ebook

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Featured Complimentary eBook - The 100-page Antitrust Litigation Guide

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Featured Complimentary eBook - Leadership Lessons for Litigators and Litigation Support

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Featured E-Book: The Environmental Litigator's Guide to Trial Presentation & Prep

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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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