<img height="1" width="1" alt="" style="display:none" src="https://www.facebook.com/tr?id=1482979731924517&amp;ev=PixelInitialized">

I recently read two studies by Professor Jeffrey Loewenstein of the University of Illinois that offer extremely valuable persuasion tools for trial lawyers. They were not written with trial lawyers in mind, but the lessons they teach are universal when it comes to persuasion. Together they provide an important toolset for those of us who craft or hone opening statements for a living. The first of these studies, The Repetition-Break Plot Structure Makes Effective Television Advertisements [paywall], helps answer the question of why some advertising campaigns outperform others. It turns out there exists an ages-old and highly persuasive storytelling structure often seen in folktales around the world.  Advertisers who use it tend to win more awards, generate more purchases, and see their advertisements shared virally -- much like a folktale. It is my experience that techniques that sell products sell arguments just as well. We've written about this before in articles like Could Surprise Be One of Your Best Visual Persuasion Tools? and Repeat a Simple Message Repeatedly to Maximize Courtroom Persuasion. It is exactly these types of inherently persuasive language tools that arouse core human instincts that we must deploy in the courtroom for our clients benefit. After all, if we can give our jurors an easily memorable story, we give them a potent weapon to argue in favor of our position with other jurors.

Read More

Share:

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

Read More

Share:

I've written two articles recently about the impeachment proceedings, and after publishing each, someone has written to me and accused me of bias. With thousands of people reading these articles, this is to be expected, I suppose. Well, in these two bias accusations, I was accused once by the left and then next by the right. I'm proud of this fact, as this suggests I'm not actually demonstrating bias. In fact, I believe my political beliefs are not relevant in my role as CEO of A2L. We're not a political entity. So, I have to warn you, this article is not political, it is not about the content of the statements the presenters made, and it is also not really about the weight of the evidence on either side of the impeachment trial. It is, however, about who won the first day of trial presentations during the Senate impeachment trial — from a trial presentation best-practices standpoint. On this question, I thought the answer was clear.

Read More

Share:

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.

Read More

Share:

6 Articles Every Trial Lawyer Should Read

Last week I shared A2L's top 10 articles of the year based on the visits of our 10,000+ subscribers. In those articles, there are many valuable best practices, useful war stories, and litigation consultant expert tips for trial lawyers and the professionals who support trial lawyers — particularly if you are interested in storytelling, jury consultants, litigation graphics, or trial technology/using hot-seaters. However, for as valuable as I know these articles are, I think other articles were published over the last year or two that may have been overlooked for one reason or another — and they should not have been. Sometimes the title doesn’t capture the attention of our audience. Sometimes the timing of the release of a particular article is terrible. Sometimes the news of the day simply competes with our publication, The Litigation Consulting Report. So in that light, here are six articles that I think are really exceptional and useful for every trial lawyer. I believe that when read together, they will improve the performance of both veteran and new trial lawyers alike.  Here are six recent articles that every trial lawyer should read: Develop Your Trial Story – Sooner, Not Later: This article by veteran trial lawyer and senior litigation consultant, Alan Rudlin, explains clearly when one should develop their trial narrative. Obviously, the answer is suggested by the title, but hearing the rationale from such an experienced expert will help any trial lawyer prepare for trial more effectively. Great Trial Lawyers Behave Differently: Simply put, if the other 99% of trial lawyers really knew how the top 1% of trial lawyers prepare for trial, I believe the 99% would improve their trial prep. This article gets to the heart of the stark difference in trial preparation strategies. Netanyahu Persuades and Presents Better Than Most Trial Lawyers: While Netanyahu's fall from grace is noted, it takes nothing away from the fact that the PowerPoint presentation shown here was incredibly well executed. Every trial lawyer could learn something from it.

Read More

Share:

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)

Read More

Share:

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

Read More

Share:

The traditional way for trial lawyers to prepare for a new case is pretty straightforward. The first step is to get one’s arms around the basic facts of the case – to understand the facts and the timeline of the case in depth. The second step is to ask oneself what the ideal resolution of these facts would be: What would the client want a fact finder to conclude? The third step is to begin to fit the facts into legal frameworks or algorithms that accord with the client’s view of the case. Often, however, lawyers take these steps, and then, when they are close to trial, probably too close to trial, they begin to ask themselves how a jury would likely view the case that they are putting together. This is the wrong time to ask that question. The right time is much earlier than most trial lawyers think. The story is told of a famous trial lawyer who is walking down the broad front steps of a courthouse. He encounters a younger lawyer walking up those same steps, laden down with piles of books in each arm and obviously feeling the weight. The older lawyer says to the younger one, “Son, what you need is a story.”

Read More

Share: