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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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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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The #1 Reason Top Trial Teams Keep Winning

The very best trial teams in the world have only one real secret for success. Like many of life's foundational principles, it's painfully simple to describe, but it’s painfully hard to execute. The winning secret of the very best trial teams is, simply, preparation. Of course, I'm not talking about the everyday kind of trial preparation that goes on a few weeks or a month before trial. I'm talking about a level of trial preparation that is so best-in-class that it separates America's extraordinary trial teams from merely great trial teams. Perhaps 1% of all trial teams function the way I'm about to describe. After three decades of supporting, coaching, and learning from the top 1%, I promise nothing else is more correlated with winning than preparation— not good facts, good law, a friendly judge, a smiling jury -- nothing. Just as a world record-holding athletes prepare at a level that far exceeds what professional athletes do, the same is true for world-class trial lawyers. In the last 30 years, I've seen behaviors like:

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5 Advanced Trial Lawyer Lessons

This month A2L Consulting celebrated its 24th anniversary! I'm proud to say that we are at the top of the jury consulting, litigation graphics, litigation consulting, and trial technology industry in most national polls. In honor of all those top trial lawyers who rely on us every day, I want to add value to your practice today with the unique content of this article.. These five mini-series-style articles are some of the best of our 600+ trial-focused articles, and there is just nothing else like them available anywhere. Each takes a deep dive into a specific trial-focused topic. Winning Before Trial focuses on actions one can take pre-trial to eliminate the need for a trial entirely. Throughout this series the importance of preparation is emphasized. In 24 years, there is no greater predictor of success at trial than the level of preparation for trial LONG in advance of trial. The article on persuasion during opening brings together some of our most important material. As an organization, we believe most cases are won or lost during the opening statement. This article is written with winning your opening in mind. The storytelling article builds on this concept as does the article focused on being a great expert witness. Finally, the article about the Reptile Trial Strategy is one of my favorites. This complex topic is tackled from the defense lawyer perspective. Without an understanding of this plaintiffs lawyer strategy, a defense lawyer experiencing a reptile attack for the first time will be overwhelmed by the strategy before they realize it's happening.   Top 5 A2L Mini-Series-Style Litigation Articles 1. 5 Ways to Maximize Persuasion During Opening Statements (4 Parts) 2. Repelling the Reptile Trial Strategy as Defense Counsel (5 Parts)

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Top 10 Articles About Opening Statements

The opening statement is, in most trials, the most important part of the case. Here, biases are formed and overcome, attention levels will be at their highest, and up to 80% of jurors will make up their minds about who will win. Over three decades, A2L Consulting has supported the development of thousands of opening statements. It's where our trial-lawyer clients and we invest the most time and energy. Our work has typically included: the creation of persuasive PowerPoint presentations to accompany well-developed opening statements to; practicing and refining an opening statement 100+ times until it is perfectly delivered; testing versions of opening statements in a mock trial setting to help best plan the trial strategy. Our team is made up of trial lawyers, psychologists, litigation graphics artists, and hot-seaters. We see many of the world's best trial lawyers practice their craft on a regular basis. As I have always said and written about, Great Trial Lawyers Behave Differently. I often write about how their preparation is altogether different from an average litigator. When I do write about this topic, my goal is to cross-pollinate great techniques and ideas. This article is no different. I want to share some of what A2L has learned along the way both by watching great trial lawyers prepare for trial and by helping them do so. These best practices expressed in these top 10 articles/books/webinars about opening statements are unique. I hope you can put this information to use as you prepare for your next trial. How to Structure Your Next Speech, Opening Statement or Presentation 6 Reasons The Opening Statement is The Most Important Part of a Case 5 Things TED Talks Can Teach Us About Opening Statements

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Top 10 Articles About Mock Trials

Our team has planned and conducted more than 500 mock trials over the past thirty years. In that time, we have noticed striking similarities in the way jurors behave. We have noticed that a trial team can radically increase the amount of valuable information they mine from a mock trial just by following a few best practices. We have seen over and over that a well-executed mock trial is the most valuable form of pre-trial preparation a trial team can do. In these ten articles listed below (our top ten all-time articles on the subject), we reveal many of A2L's best practices and insider observations. Whether you are planning a mock trial or just preparing for trial, the lessons from these articles are valuable and actionable. A mock trial is designed to mimic many aspects of an upcoming trial. The overall goal is to learn what motivates jurors, especially those similar to the likely jury, to view our side of the case in the best possible light. Many people mistakenly believe that a mock trial is designed to simulate an upcoming trial in order to predict the outcome. While there is certainly a predictive element, one cannot reliably simulate a two-month or even a two-week trial in two days. Instead, the highest value takeaways from a mock trial come from watching jurors deliberate, looking at the data behind the their decision making revealed by polling, preparing one's trial presentation earlier than one might naturally do so, getting into the mind of opposing counsel by arguing their case, and just getting some excellent practice in the run-up to trial. In a typical mock trial, 100 or more jurors may be recruited. Often a voir dire-like exercise is built into the mock and 36-48 jurors may be selected and broken into three or four juries who will deliberate separately. When a mock trial is deemed premature or the costs of conducting one do not match the dollars at stake in a case, we are often asked to conduct a smaller-scale exercise called a focus group (see How Early-Stage Focus Groups Can Help Your Trial Preparation) where a fewer jurors are used, and the format is more dialog oriented. I hope you enjoy these articles. Taken together, they offer an excellent primer on how and why to conduct a mock trial for the best possible result. 10 Things Every Mock Jury Ever Has Said  12 Astute Tips for Meaningful Mock Trials

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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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