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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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Sometimes I fear that my tips for trial lawyers might be perceived as self-serving. They're not, I promise, but I understand how someone could think that. Well, for at least for the duration of this article, don't take my word for it, please. Every day, we work with some of the world's best trial lawyers. I learn a lot from watching how the very best prepare for trial, and it is a pleasure to share what I witness with other great trial lawyers. Today, I'm presenting a collection of videos (some are from A2L clients, and some are not), trial presentation examples, sample litigation graphics, and other instances where trial lawyers and other great presenters lead by example. In this article, I'm not just asking you to accept what I say. I am asking you to watch your peers show or tell how to best persuade judges, jurors, and people in general. Here are twelve tips (really, there are hundreds of best practices embedded in here) from some of the world's best trial lawyers and presenters: Persuasive Storytelling Matters! Watch three accomplished trial lawyers explain why: https://www.a2lc.com/blog/three-top-trial-lawyers-tell-us-why-storytelling-at-trial-is-so-important Litigation Graphics should not be created by trial counsel - ever. These examples show why: https://www.a2lc.com/blog/excellent-litigation-graphics-in-the-impeachment-trial Litigation Graphics - It's no longer about reading bullet points. Jurors simply expect more!: https://www.a2lc.com/blog/still-think-persuasion-is-about-talking-while-showing-bullet-points-and-not-litigation-graphics Love him, hate him, respect him, disrespect him - whatever - this politician presents better than most trial lawyers (the linked articles are a trial lawyer presentation goldmine!): https://www.a2lc.com/blog/netanyahu-persuades-and-presents-better-than-most-trial-lawyers

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Almost every day, our trial-lawyer litigation graphics consultants and our jury consultants are working to help a trial team to develop, refine, and practice their opening statements. We do this nationwide, often hundreds of times a year. Every trial team is different. One team, I recently had the pleasure of working with asked me for a model of what the best trial presenters do a week or two before trial. They didn't come out and ask that specific question, but they asked a lot of specific questions like: To practice, do we just print our opening from Word and read it? How do we integrate the slides when practicing? Do we print out the PowerPoint slides, and what about the animations where the text overlaps when we print? Should I read the opening or memorize it? Should we just work from bulleted phrases? Do I use the slides as cues for what to say next? Should I run the presentation as first-chair? These are great questions! Fortunately, there are specific best-practices that answer each of these questions. For our litigation consultants and for our clients who go to trial often (1x/year+), many of these are second nature. For most, however, there will be a tip or two of very high-value below. Here are 10 best practices and tips for the period of time immediately before trial: 1. It should look like this when you are done. Put your politics aside for a second. The impeachment trial presentations were not the very best I've ever seen, but they were certainly good enough. If you use the trial presentation style from the impeachment trials, you are well on your way towards excellence. But, in particular, I want you to watch a minute or so of two videos and consider three elements: 1. How trial presentation notebooks are used; 2. Absolutely no use of a clicker; 3. The presentations complement what is being said and don't feel like a jarring interruption. Here is an example from each side of the impeachment trial. Watch about 60 seconds of each to see the presentation style.   2. The trial presentation notebook. I think a well-prepared trial presenter works toward (at a minimum) presenting in a way that looks like those trial lawyers above. They use PowerPoint and follow many best practices for doing so. See my four-part series on trial presentation lessons from the impeachment trial. In particular, however, note that each trial lawyer presents from a trial presentation notebook. Their arguments are written out, PowerPoint slides are integrated into the language in Word, and this is printed out and placed in a three-ring binder so that the presenter never gets lost. They read their statements for the most part, but they also connect with their audiences. The printed version of your trial presentation notebook should look a bit like this as you head to trial: As you can see, your demonstrative evidence and real evidence is integrated into your written opening. Also, pauses and reminders to the presenter are included in the text. It's great when a trial lawyer memorizes their opening, but I find this only really works AFTER the entire opening has been written word-for-word in full-text form. I would MUCH rather watch a presenter who is organized and polished who reads than one wings it and stumbles about. I find that after one practices their opening from the written version enough, one cannot help but memorize it. 3. First chair really should not run the presentation.  I know you like to be in control. I know you might want to go back and say something. However, if you have practiced enough, none of that will happen, and control doesn’t matter anymore. Hand over the clicker/laptop, and you get to look polished and prepared. Please see Trial Lawyers, Relinquish the Clicker. When you have your trial presentation notebook printed and ready to go, your trial technician (or a colleague) can simply follow along and control the presentation.

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Finally. High-quality litigation graphics made an appearance at the impeachment trial. If you are a trial lawyer or you help trial lawyers, this article is a must-read, because it will help you see the future and help you persuade better. I've published three recent articles about the impeachment hearings/trial and the litigation graphics and technology used: 5 Litigation Graphics Lessons from the Impeachment Hearings Who Won the Impeachment Trial Initial Opening Statements? Impeachment Hearings Provide Trial Technology Lessons I thought those three articles would be my last on the subject, and then something impressive happened. Objectively effective litigation graphics were (finally) used on Day 6, and they offer a look into the future for all trial lawyers. The first five days of the impeachment trial left me feeling sad for those rare few of us who are experts in the art and science of litigation graphics. For the most part, the PowerPoints used were better than nothing but fell far short of maximizing persuasion (based on current persuasion science). They looked like what lawyers can create on their own, what you see at most trials, and what you see in most corporate conference rooms. They were ugly and flawed. Again, though, they were better than nothing. When defense counsel presented opening statements on Day 1 of the trial and used no visuals, I was confused. I know the background of some of these lawyers and have worked with some of them. I know they know better. It was disheartening.  And then came the opening defense arguments on Day 6, and finally, excellent litigation graphics made an appearance.  As I've said before, none of my articles are political in any way. I am only commenting on the quality of the litigation graphics presentations and technology used. I'm leaving the content entirely alone. Nevertheless, I know it's hard to separate the litigation graphics from the messenger if you feel strongly about one side or the other. But, if you are a trial lawyer, you really should be able to separate the two. The litigation graphics used on Day 6 were very good - both from a persuasion science standpoint and from an artistic standpoint. I appreciate the sophistication of them as they now can help me explain what good PowerPoint looks like (without getting into our presentations which are often sensitive or confidential). Let's discuss five key points and briefly discuss what you can learn from them. 1. These litigation graphics were more like a news graphic than a trial graphic. The national news industry is years ahead of most of the legal industry in creating memorable and persuasive graphics. I've written about this in articles like 10 Things Litigators Can Learn From Newscasters and Watch The Weather Channel Use Animation to Persuade.

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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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Over the past ten years, we have written about persuasive storytelling more than any other subject. There are dozens of A2L storytelling articles, e-books, and webinars on the topic. A2L's most popular CLE/presentation is called Storytelling for Trial Lawyers. I have presented it at dozens of major law firms, PLAC, DRI, and other conferences. The subject matter is always well received. The reason we publish and talk so much about storytelling is that trial lawyers increasingly understand that being a superb storyteller is essential for maximizing persuasion. More and more scientific studies confirm this each year, and I think most of us understand this instinctively. Storytelling is how humans have always shared information in a memorable and persuasive way. While many great trial lawyers are naturally great storytellers, I know from experience that anyone can learn to become a very good storyteller. It's a challenging thing to learn, but it is possible with practice.  In my talk on Storytelling for Trial Lawyers, I provide one framework for telling a great story known as the Pixar method. Every Pixar movie follows this format, and it works fantastically well for building an opening statement. I've written about Dan Pink discussing this topic in the past. However, that method that both Dan Pink and I speak about is actually culled from a list of 22 storytelling tips that a former Pixar employee published almost ten years ago. The original list can be found here, but I have modified that list to be trial lawyer-friendly and focused on the opening statement. In this form, I think it can serve as a useful checklist and guide for any trial lawyer preparing an opening statement. As we help other trial lawyers enhance their opening statements and opening trial presentations/litigation graphics, it is a tool that we use, and it works. I'd recommend coupling this list with some of our other publications about storytelling, especially some of these articles: Storytelling at Trial - Will Your Story Be Used? Portray Your Client As a Hero in 17 Easy Storytelling Steps Poor Litigation Character Development Will Yield Poor Results Are You Smarter Than a Soap Opera Writer? Ten Ways to Maximize Persuasive Courtroom Storytelling (Part One) A2L's 22 Rules for Litigation Storytelling in the Opening Statement - Adapted from Emma Coats' 22 Pixar Storytelling Rules Explain how the client tried and failed over and over. Keep in mind what’s interesting to the judge and jury, not what’s interesting to counsel. They can be very different. If you have a narrative and theme from the beginning great, but if you discover those along the way, go back and rewrite your opening statement with those in mind.

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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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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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