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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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In recent months we have published lists of A2L Consulting's top articles related to various trial-focused topics. These articles include our very best insider tips plus 30 years of observed best practices pertaining to opening statements, mock trials, litigation graphics, and trial preparation generally. One additional topic that deserves special attention is the use of trial technology and how best to use a trial technician or hot-seater. As experienced trial professionals know (or even long-time readers of this publication), if you fail to use the right trial technology set-up or trial technician/hot-seater, you can inadvertently damage your credibility. In most cases, the benefits of using trial technology far outweigh any (easily mitigated) risks of doing so. Done well, the use of trial technology will create a deeper connection with the factfinder(s), it will speed up a trial, and you will be perceived as more credible and thus more persuasive. Below are 10 of our top articles focused on how to engage the right trial technician for you and how to work with that hot-seater to maximize persuasion at trial: 12 Tips to Hire the Right Trial Technician for Your Trial 11 Traits of Great Courtroom Trial Technicians E-Book: How To Find and Use Trial Technicians and Trial Technology

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For those of us in the persuasion business, the biggest stage in the world is currently on Capitol Hill. Last week, millions watched the start of this country’s fourth impeachment effort with interest and concern. Putting aside politics and the question of who is right and who is wrong, I'm professionally interested in how well the various involved parties are performing rhetorically, visually, and technically -- especially as it affects persuasion. In day one, I watched a classic mistake occur that offers lessons for trial lawyers and the teams who support them. Here, Rep. Eric Swalwell of California, a former prosecutor, questioned a witness and attempted to use video support his questioning. However, when he asked for the video to be played, probably in PowerPoint, there was no audio. He quickly adjusted and read the transcript, but it clearly flustered him. The relevant video is less than a minute long and should cue up to 5:09:45 if you hit play. The error is inexcusable in the modern era -- whether on Capitol Hill or in the courtroom. Like all errors of this sort, it was preventable through practice and preparation.  Technical problems happen. Great trial teams and litigation support firms are best judged in these moments. The best teams always practiced enough to anticipate such issues and the response to them. The best teams practice together until first chair and his or her trial technician/hot-seater have formed a bond that allows both to quickly overcome a technical problem.  We have written extensively about how to prepare with your hot-seater for the best results, how to practice and prepare properly for trial, and how to avoid a technical snafu in the first place: Why Rapport Between a Trial Lawyer and a Trial Technician is So Important 10 Timely Tips For Trial Preparation The #1 Reason Top Trial Teams Keep Winning What Does Using a Trial Technician or Hot-Seater Cost? Free E-Book Download: How to Find and Engage the Best Trial Technician Why Trial Tech ≠ Litigation Graphics Will using a trial technician make me look too slick and high-tech? Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well A video of George Zimmerman's lawyers taking a do-it-yourself approach 12 ways to avoid a Superbowl-style tech failure See a video of a trial technician in action 12 Tips to Hire the Right Trial Technician for Your Trial 5 Trial Director Tips for great presentations 6 ways to use video depositions Sample One-Year Trial Prep Calendar for High Stakes Cases In the modern courtroom, trial technicians/hot-seaters are outfitted with redundant technology and have practiced sufficiently with first-chair so that such issues have been anticipated and planned for. A Capitol Hill hearing is a lot like a courtroom -- you only get one try to get it right. Prepare sufficiently or you can damage your credibility and persuasive ability with a simple and avoidable technical problem.

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

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10 Timely Tips For Trial Preparation

Working at A2L, I have the distinct pleasure of watching many of the world's best trial lawyers prepare for trial. Most start months or years in advance. Those lawyers engage A2L early to do theme testing with a focus group or to organize and run a mock trial. Each of these events requires the creation of litigation graphics and usually assistance in developing an opening statement. Having watched so many great trial lawyers prepare for 25 years, I have been able to observe patterns in how they prepare. Below I share ten chronologically ordered tips (plus accompanying resources) based on these observations. If you're less than one year from trial, I hope these tips are still helpful, and I hope you will get in touch with me. More than one year from trial: There is no better time to do theme testing then when discovery is still open. Read more in How Early-Stage Focus Groups Can Help Your Trial Preparation and as you start this journey, always remember that Great Trial Lawyers Behave Differently. One year before trial: Plan your first of two mock trials. There are dozens of good reasons to conduct a mock trial, but forcing yourself to prepare early may be the very best one. Read my one-year trial planning guide and read A2L's Opening Statement Toolkit. Also, it is a good time to read A2L's Jury Consulting and Mock Trial Handbook. Nine months before trial: Begin or continue development of your litigation graphics. If you conducted a mock trial, you already have a good start. Read How Long Before Trial Should I Begin Preparing My Trial Graphics?, 10 Reasons The Litigation Graphics You DO NOT Use Are Important and The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation. Six months before trial: Refine your opening statement story and the visuals that will support it. Make sure your experts have their visuals being worked on by your litigation graphics team - not the in-house people at the expert's firm. Watch Persuasive Storytelling for Trial Lawyers and read Storytelling for Litigators. To help develop your experts, have them read this three-part series on How to Be a Great Expert Witness. Three months before trial: Conduct opening statement practice sessions with your trial team, litigation consultants, and your client. Read The First Version of Your Story Is NOT Your Best, 3 Ways to Force Yourself to Practice Your Trial Presentation, and Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well.

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At A2L Consulting, we have been providing trial technicians (also known as hot-seat operators) to help our clients display materials at trial since the 1990s. The role of a trial technician is a unique one. These men and women routinely work late nights during a trial to ensure that they are totally prepared for whatever can arise. As we have said elsewhere on this blog, the ideal hot-seat operator must have a very close working relationship with the lead trial attorney and with the other team members, must have a calm demeanor in case he or she is called upon with no notice to provide something critical for the trial, and must have an understanding of the thousands of documents that will inevitably be involved in any trial. Most importantly, he or she must be able to make the trial presentation appear to be seamless and flawless. We have seen instances in which opposing counsel, or their hot-seat operator, stumbled in one respect or another – and their credibility took a dive. We have written in articles like What a Great “Hot Seat Operator” Can Add to a Trial Team and 12 Tips to Hire the Right Trial Technician for Your Trial about the ideal qualities for a hot-seat operator. We've even released a free book on the topic called How To Find and Use Trial Technicians and Trial Technology. Click here to download it. One thing that we perhaps have not discussed as much as we should is that a great hot-seat operator must, from the beginning, become totally conversant with the technology available in the specific courtroom in which he or she will be working. And there are substantial differences: Some courtrooms have expensive, built-in technology that is state of the art. Some will have excellent technology – if this were the year 2003. Some have no technology at all. It is the responsibility of the trial team, and of the hot-seat operator above all, to design an appropriate, modern technology set-up for the courtroom that will serve the paramount goal of persuading the jury. Below we have prepared what should be a very useful directory of the technology available in the 90 federal district courts across the nation and we have linked to each of the courts’ websites.

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The Top 10 Litigation Articles of 2018

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

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