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Happy Super Tuesday in a presidential election year. Conventional wisdom tells us that America is more divided than ever. I think that is overstating things, but people certainly do seem dug into their belief systems these days. No amount of facts, data, or education will cause some people to change their minds about certain topics. And this is a great thing -- IF you're involved in jury selection. The entirety of human knowledge acquired over the last 100,000 years can be accessed in seconds using a device you always have with you. But if you  believe something about carrying handguns, nuclear power, vaccines, or climate change, the chances are that no amount of data, study, or expert opinion will change your mind about that topic. If you're a potential juror and that bias happens to be in favor of the client we support, this is fantastic news. Such a juror will (subconsciously) selectively choose evidence that favors our client using confirmation bias or motivated reasoning. This is where being polarized into one camp or another gets interesting. When it comes to A2L's jury consulting work involving voir dire and jury selection, one of our primary goals is to discover a potential juror's bias. We also want to understand how a particular bias might affect our client. We want to, of course, deselect those jurors who would be biased against our client, and, just as importantly, not do anything to expose those jurors biased in our favor. In this era of polarization and in an election year, there is a useful shortcut -- one's political beliefs. So, ask about them, at least indirectly. For the most part, if I know you mostly watch MSNBC or Fox News or whether you love or loathe Rachel Maddow or Sean Hannity, I can make some reasonably reliable inferences about your biases. We have discussed these and other approaches to voir dire and handling bias in the free A2L Consulting articles and publications like those listed below.  5 Questions to Ask in Voir Dire . . . Always 5 Voir Dire Questions to Avoid Jury Research and Mock Trials During Presidential Elections Font Matters - A Trial Graphics Consultant's Trick to Overcome Bias 7 Tips to Take “Dire” out of Voir Dire 10 Things Every Mock Jury Ever Has Said A Surprising Lesson From Voir Dire 10 Ways to Lose Voir Dire 5 Ways That a Mock Trial Informs and Shapes Voir Dire Questions Like It or Not: Likability Counts for Credibility in the Courtroom 10 Things Every Mock Jury Ever Has Said A Jury Consultant Is Called for Jury Duty One Voir Dire Must Do and One Voir Dire Must Never Do The Voir Dire Handbook | Free Download | A2L Consulting Jury Selection and Voir Dire: Don't Ask, Don't Know 15 Things Everyone Should Know About Jury Selection Why Do I Need A Mock Trial If There Is No Real Voir Dire? Jury Questionnaire by the Numbers 10 Ways to Spot Your Jury Foreman 5 Things Every Jury Needs From You Jury Selection & Jury Consultants: Three Strikes, You're Out! 10 Signs of a Good Jury Questionnaire 13 Revolutionary Changes in Jury Consulting & Trial Consulting Is Hiring a Jury Consultant Really Worth It? 12 Insider Tips for Choosing a Jury Consultant Do I Need a Local Jury Consultant? Maybe. Here are 7 Considerations. I’m Right, Right? 5 Ways to Manage Juror Bias Jury Selection Experts . . . True or False? Who Are The Highest-Rated Jury Consultants? Webinar: 12 Things Every Mock Juror Ever Has Said

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A very close friend just asked me what we do at A2L Consulting. Last week, a 30-year colleague and client remarked that he didn’t realize that half of our business involved jury consulting. Last night, a high-profile trial lawyer kindly complimented our firm while speaking to a group -- but called the company by its former name of 10 years ago. It’s my job to explain to people who we are and what we do, and some of the people closest to me don’t understand what we do as litigation consultants at A2L Consulting. Clearly, I am doing something wrong. The purpose of this article is to provide a detailed overview of the work we do as litigation consultants. Still, it will also educate anyone involved in trying cases about best practices in specific areas of trial preparation and trial practice. The Big Picture Our firm was one of the first (if not the very first) to call itself a Litigation Consulting firm back in the mid-1990s. At a 30,000 foot level, litigation consultants like A2L are hired by top trial lawyers and large corporate legal departments to help increase the odds of winning a particular case. We help increase the odds of winning a particular case by: testing and refining cases during a mock trial and jury consulting process by soliciting and measuring feedback from mock jurors and mock judges; helping to refine the narrative and key arguments to be delivered at trial through our peer-to-peer litigation consulting process. This litigation consulting process often includes multiple rounds of practice, particularly of the opening statement; designing litigation graphics presentations rooted in persuasion psychology that help judges and jurors both understand our cases and help to persuade those same fact-finders to take our side in the case; and using highly trained hot-seat operators (trial technicians) to display electronic evidence on the fly and leave the trial attorney in a position to connect with judge and jury; I call these four areas, jury consulting, litigation consulting, litigation graphics consulting, and trial technology consulting. Collectively, I call them all litigation consulting. Within each category, there are MANY sub-services. Below is an overview with linked articles that explain each of these four areas in more detail and offer best practices. If you are in the business of trying cases, there is a lot of value here for you in the materials below.

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The Top 100 Litigation Articles

Today, we are celebrating you - our subscribers -  because we have reached a new milestone - 10,000 subscribers to this blog! To celebrate, we are releasing the list below for the very first time - A2L Consulting's Top 100 Articles of All Time. We started this publication in 2011 against my best instincts, and I delight daily in how wrong I was. Now, almost 700 articles later, being named a top blog by the ABA, and after millions of visits to our site and The Litigation Consulting Report blog (free subscription here), I now understand that we filled a significant void.  It turns out that those seeking to persuade, inside the courtroom or elsewhere, really did not have an excellent place to go and learn about persuasion science. They certainly don't teach storytelling for persuasion in law school, and the intricacies of demonstrative evidence/visual aids are too much for any one lawyer to master (while trying cases). So, I'm proud that so many have enjoyed these articles about storytelling, voir dire, jury consulting, litigation graphics, trial technology, persuasion, and much much more. These articles are ranked by the number of visits to the article. Some have been read hundreds of thousands of times. I hope you will keep reading our old and new articles, and feel free to share a free subscription with a friend. A2L Consulting's Top 100 Articles of All Time 5 Questions to Ask in Voir Dire . . . Always The Top 14 Testimony Tips for Litigators and Expert Witnesses 10 Ways to Spot Your Jury Foreman Lists of Analogies, Metaphors and Idioms for Lawyers 14 Tips for Delivering a Great Board Meeting Presentation 15 Tips for Great Customer Service from the Restaurant Industry The 50 Best Twitter Accounts to Follow for Lawyers and Litigators The Top 10 TED Talks for Lawyers, Litigators and Litigation Support The Top 5 Qualities of a Good Lawyer 10 Things Every Mock Jury Ever Has Said 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) 15 Fascinating Legal and Litigation Infographics 4 Ways That Juries Award Damages in Civil Cases 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint

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The science around repetition is well settled, and I've always found it a little disturbing. For all the advanced degrees, experience with thousands of cases, and the wisdom litigation consultants like us have to share about maximizing persuasion at trial; the truth is one of the easiest ways to increase persuasion at trial is simply to repeat yourself - a lot. It is a technique used by politicians and trial lawyers alike. However, I think the political climate of the last few years has shown us that there are few upward limits on the number of times one can repeat themselves before it feels uncomfortable. And it works. Politicians on all sides and people of all political beliefs make false assertions, these assertions are repeated and amplified by social media, and over time, people come to believe them. This has happened for thousands of years. It's just much more accelerated now, so it feels new. The last ten years brought us this social media multiplier effect. Now, repetition comes fast and from seemingly independent sources - both factors that increase persuasion. Furthermore, assertions are often presented in a meme-like format, and the easier an assertion is to process, the more likely someone is to be persuaded by it. That's why short and simple quips frequently repeated are far more persuasive than a well-reasoned lecture delivered once.

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I enjoy an interesting turn of phrase and an interesting bit of trivia more than most people. So, for me, I'm especially delighted when someone can find a way to combine trivia and language in a memorable way. Fortunately, in the litigation graphics and jury consulting business, there are many opportunities to do just that. At A2L, we are routinely challenged with finding a creative way, both visually and with words, to explain complex topics like volume, speed, amounts, and scale. We have written about some of these methods in articles like Explaining a Complicated Process Using Trial Graphics, Antitrust Litigation Graphics: Explaining Complex Information Simply, and 6 Ways to Convey Size and Scale to a Jury. Explaining time presents unique challenges. Sometimes you need to emphasize how long ago something occurred, sometimes you need to show how close in time two events are, and sometimes you want to show how far apart two events are. This is why timelines are used in most trials, but sometimes that simple litigation graphic is not enough to be memorable. These five tips with examples discuss different time comparisons that can come in handy when preparing for trial. 1. Explaining (orally) something happened a long time ago: If you want to explain something is old or occurred a long time ago with words, you can relate it to something everyone automatically agrees is old. For example,  Bernie Sanders, Michael Bloomberg, and Joe Biden were all born closer to the Civil War than today. Hard as that may seem to believe, it's true and very memorable. I don't share that with any political intent, I promise. These men are people to admire for various reasons. What's interesting is that you'll probably repeat this fact to someone else, which is exactly the same behavior we want from jurors. That's the power of an original and surprising time comparison. Oxford University is older than the Aztec Empire, The Incas, and the printing press. This fact is similarly surprising. To most, the Aztecs and the Incas seem ancient. In a way, they are. But Oxford opened its doors in 1049. Humans and the T-Rex lived closer in time than the T-Rex and the Stegosaurus. I founded A2L Consulting about a year after Jeff Bezos founded Amazon. I keep telling myself I can still catch up. 2. Explaining the passage of time: A2L was engaged by the Justice Department to help explain how several individuals conspired to win government contracts by illegally sharing information on the telephone. A defense was raised that they didn't really speak by phone that often. Using an election year reference to the home of Sarah Palin, we explained that the conspirators had spent 3,548 minutes on the phone. That number by itself would probably mean nothing to a jury. We translated that fact into a memorable litigation graphic that showed that in 3,548 minutes, someone could drive from New Orleans (site of the trial) to Wasilla, Alaska (the election year reference). The implication was, of course, that in that amount of time, a lot of conspiring could be accomplished. They were convicted.

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My Facebook feed lit up this week after the passing of 67-year-old drummer Neil Peart of the band Rush. Suddenly, mild-mannered middle-aged friends were pouring their hearts out over the loss of a drummer who was at the height of his popularity some 35 years ago. For many of my friends and indeed for me (someone who likes playing drums but is not particularly liked by others when he plays), he was the best of the best - the G.O.A.T of the drumming world. Neil Peart forever changed the way other drummers performed and even thought about how to approach a drum set. Why should trial lawyers (who didn't happen to come of age in suburban America or Canada in the early 1980s) care at all? A quote in Peart's Rolling Stone obituary is what jumped out at me because it demonstrates a way of thinking that is useful for trial lawyers and drummers alike:  “What is a master but a master student?” Peart told Rolling Stone in 2012. “There’s a responsibility on you to keep getting better.” Here, Peart was talking about why he started working with a drum coach/instructor relatively late in his career -- even after he was widely considered the best drummer in the world. To people who work with the world's best anything, whether that's athletes, actors, or trial lawyers, this kind of thinking is not surprising. In our field, rules of professional responsibility speak to this concept of continuous improvement, but I don't think that's why the very best push themselves to be better. The reasoning for why is circular, but I think it's true: the best are the best because they seek feedback about how to be the best, and this loop never ends. When the best trial lawyers in the world (and those who aspire to be) work with A2L (or someone like us), they benefit not just from jury consulting and litigation graphics services, but they also benefit from working with similarly accomplished trial lawyers called litigation consultants -- a term we first started using in the 1990s. We have written about this concept of trial lawyers supporting other trial lawyers in articles like: Your Coach Is Not Better Than You – in the Courtroom or Elsewhere 3 Ways to Force Yourself to Practice Your Trial Presentation Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well When Peart wrote the obituary for his coach, he paraphrased a foundational message from his coach, and that message rang very familiar to me. It sounds a lot like the message the trial lawyers on our team deliver to other trial lawyers who hire us. "You've been doing what you do for a long time, so it obviously works. Don't mess with that. Consider my suggestions as options." And there it is -- firms like ours and people like us present already successful trial lawyers with options. It's part of the reason those trial lawyers outperform their peers. Whether an athlete, musician, or litigator, if you seek to be the best, seek and listen to options. It's what the very best always do. Here is a good Neil Peart tribute piece that already has millions of views on YouTube:   Other A2L articles and free resources about storytelling, coaching, and litigation consulting include: Great Trial Lawyers Behave Differently The First Version of Your Story Is NOT Your Best 3 Ways to Force Yourself to Practice Your Trial Presentation 9 Things In-House Counsel Say About Outside Litigation Counsel Dan Pink, Pixar, and Storytelling for the Courtroom Practice is a Crucial Piece of the Storytelling Puzzle Three Top Trial Lawyers Tell Us Why Storytelling Is So Important The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation Your Coach Is Not Better Than You – in the Courtroom or Elsewhere What Steve Jobs Can Teach Trial Lawyers About Trial Preparation Develop Your Trial Story – Sooner, Not Later 21 Reasons a Litigator Is Your Best Litigation Graphics Consultant Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well 7 Things In-House Misses When Litigation Consultants are Underutilized FREE DOWNLOAD: Storytelling for Persuasion - 144-page complimentary book The Very Best Use of Coaches in Trial Preparation 3 Ways to Force Yourself to Practice Your Trial Presentation $300 Million of Litigation Consulting and Storytelling Validation RECORDING STORYTELLING WEBINAR Conflict check: Be the first to retain A2L

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Every year hundreds of thousands of people visit A2L's website and read litigation-focused articles on our blog. We have published more than 600 articles there since 2011, and the ABA and others have named it one of the top litigation blogs. Periodically we list articles that have been deemed our very best by you, our readers, based on readership. As long-time readers of The Litigation Consulting Report blog know, our articles typically focus on topics like: Using storytelling as a persuasion tool; Combining psychology and litigation graphics to influence decision-making; Maximizing results during voir dire and mock trials; and Utilizing trial technicians so that litigators can focus on connecting with the jurors and judges. Looking at A2L's top 10 articles from 2019, these topics are indeed covered, but it’s interesting to watch the trends in the most-read articles. Storytelling continues to be a very popular topic, but as you can see from the list below, so also are subjects like litigation graphics and jury consulting. Below are the top 10 articles A2L Consulting published during 2019. I encourage you to share this list with friends and on social media. Links to post to Twitter and LinkedIn in just two clicks are included: 1. One Demonstrative Exhibit, One Concept 2. Ten Ways to Maximize Persuasive Courtroom Storytelling (Part One)

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As both a leading jury consulting firm and a leading litigation graphics consulting firm, we can offer a unique perspective about the intersection of these two fields. A mock trial is frequently a part of A2L's jury consulting work. One aspect of designing and executing a valuable mock trial that I take particular interest in is the development of litigation graphics for both sides of the case. This litigation graphics presentation is typically created in PowerPoint and is designed to support the "clopening" argument for each side's case. If it is not apparent, the industry term "clopening" is a portmanteau of the words opening and closing. During an actual trial, argument is prohibited during an opening statement and reserved only for the closing statement. During a mock trial, the opening and closing statements are combined into a single event where a case is introduced, explained, and argued. A typical clopening argument is 1-2 hours long, and an average of 30-60 real and demonstrative evidence slides will be used to support the clopening argument. Just a few years ago, many jury consulting firms neglected to use and test visual presentations during a mock trial. For decades, we have explained the obvious importance of this testing and made a case for it in articles like: Why Litigation Graphics at Mock Trials Make Sense, Why You Should Pressure-Test Your Trial Graphics Well Before Trial, 7 Questions You Must Ask Your Mock Jury About Litigation Graphics, and Mock Trial Testing of Litigation Graphics AND Arguments. In my experience, the visual presentation is as important as the oral presentation during a mock trial. It aides in juror understanding, it speeds up the case considerably, it provides lessons to the litigation graphics team, and it makes for a more realistic simulation of the actual trial. See, Insist Your Litigation Graphics Consultant Attend Your Mock Trial. As is often the case for a trial, preparation for a mock trial is typically focused on the development of the initial presentation for the mock jurors. It's a sensible place to concentrate trial prep efforts as designing this presentation forces timely preparation of the legal arguments, the development of a well-honed narrative, and often the discovery of the best way to visually explain a case. Preparing these presentations for a mock trial is quite different from preparing for a courtroom trial, however. Whether you are a veteran trial lawyer or you are considering your first mock trial. These three tips below are useful for anyone planning a mock trial and have proven to be critical in the very best mock trials I have observed:

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