The Trump trial in New York has been discussed for months. With the jury selection process well underway, several things have gone wrong that could potentially impact the trial's outcome. In this blog post, I'll discuss seven of these issues. 1. Jury members with biases: Finding unbiased and fair jurors is one of the most significant challenges during jury selection. In the case of the Trump trial, potential jurors may have already formed an opinion about the defendant due to the extensive media coverage of the trial. The political climate surrounding the case could also lead to jurors having predetermined notions about the defendant, which could impact their ability to be impartial during the trial. As of this writing, two potential jurors who were already selected have been removed. 12 jurors have already been selected, with Friday dedicated to selecting alternate jurors in case any of the chosen jurors are dismissed. See Font Matters - A Trial Graphics Consultant's Trick to Overcome Bias. 2. Jurors who have already formed an opinion: During the pretrial phase, so much media coverage about the case could influence potential jurors. If potential jurors have already made up their minds about the case, it could impact their ability to remain impartial during the trial. This could lead to jurors not being open to hearing the evidence presented during the trial, which could impact the outcome. For those jurors, the trial would be one extensive exercise in confirmation bias. 3. Jurors have been doxxed: Doxxing, the act of revealing personal information about individuals online, has already proven to be a significant issue during the jury selection process for the Trump trial. This unethical practice can make potential jurors feel exposed and vulnerable, impacting their ability to participate in the trial impartially. With the constant threat of personal information being leaked, jurors may feel pressured or intimidated, affecting their decision-making process. It is crucial for the court to address and prevent any instances of doxxing to ensure a fair and unbiased trial for all parties involved.
Litigation can be a complex and risky process, and many lawyers have found it beneficial to conduct mock trials to gain insight into the strengths and weaknesses of their cases, especially in cases with millions or billions at stake. However, there are also some reasons why you may not want to have a mock trial. In this blog post, we will explore 10 reasons you should have a mock trial and 10 reasons you shouldn’t. 10 Reasons You Should Have a Mock Trial Gain Insight into Juror/Judge Perception: Mock trials provide an opportunity to test the waters and gauge how jurors & judges might perceive your case. Identify Weaknesses in Your Case: Mock trials allow you to identify weaknesses in your case that you may not have considered before. Test Your Arguments: Mock trials provide an opportunity to test your arguments and refine them to make them more effective.
Mock trials are valuable tools for trial attorneys and legal teams to prepare for litigation. These simulated trials allow lawyers to test their case theories, strategies, and arguments before presenting them in a real courtroom. By mimicking the trial process, mock trials provide an opportunity to identify strengths and weaknesses, refine arguments, and gain valuable insights. In this article, I will explore the top 10 tips for a successful mock trial in litigation. 1. Define Clear Objectives: Before commencing a mock trial, it is crucial to establish clear objectives. Determine what you aim to achieve through the exercise. Whether it's testing case theories, assessing witness credibility, or refining opening and closing statements, having well-defined goals will help structure the trial effectively. 2. Assemble a Diverse Mock Trial Team: Form a diverse team that includes attorneys, paralegals, and other litigation support staff. Each member should bring a unique perspective to the table, ensuring a comprehensive evaluation of the case. Diverse backgrounds and expertise will help identify potential blind spots and strengthen your overall trial strategy. 3. Recruit Mock Jurors: Recruiting mock jurors who closely resemble the demographics of your anticipated jury pool is essential. This will provide a realistic representation of how your case may be perceived by the actual jurors. Use professional jury consultants, like those at Persuadius, to find suitable participants.
In recent years, the field of jury consulting has witnessed a significant rise in popularity. Attorneys have come to recognize the importance of having a skilled professional by their side when it comes to selecting a jury. While some consultants rely on their gut instinct and years of experience, others are turning to data-driven techniques to enhance their decision-making process. This blog post explores the emergence of data-driven jury consulting and its implications for the legal profession.
Our blog has been thriving for nearly a decade, accumulating over a million visits during this remarkable period. As we approach the official 10-year blog anniversary next year, we also celebrate the impressive 28-year milestone of our entire company. To stay in tune with our readers' preferences, we meticulously monitor the traffic of each blog post, enabling us to identify the crème de la crème. Without further ado, here are the top 100 most engaging blog posts from the past ten extraordinary years. 5 Questions to Ask in Voir Dire The Top 14 Testimony Tips for Litigators and Expert Witnesses Ways to Identify the Jury Foreman: Insights on Leadership and Influence 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
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
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
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.
At A2L, we publish so many articles about litigation and trial preparation that I like to share the best of the best periodically.
At A2L, we are either conducting or actively planning a mock trial 365 days a year. As you probably know, mock trials are a tool that is very often used by serious trial teams involved in large trials to help uncover the ideal strategy to win a case. In a typical mock trial that we conduct, over 40 jurors will be recruited in the trial venue through a rigorous screening process. We even incorporate expected voir dire questions into the process. Based on individual verdicts and backgrounds, mock jurors are carefully evaluated to create three or four panels of 10 to 12 mock jurors. “Clopenings,” combined argumentative opening/closing statements, are presented for both sides of the case, litigation graphics are used to support these statements, and videotaped witness testimony may be included as part of the presentation. Typically, real-time data collection methods using an Audience Response System (“ARS”) will be used, similar to the approve vs. disapprove line graphs shown on the news during election seasons. Deliberations are conducted. A focus discussion following deliberations is facilitated by our jury consulting and litigation consulting team members. All proceedings are typically observed through one-way mirrors or via closed-circuit TV, as shown in the included image. Watching the deliberations is shocking for most trial lawyers. Without the constraints of the law or internal consistency, jurors’ responses can seem inconsistent, irrational, inexplicable and thus, frightening and random. They are not. Jurors rarely understand the cases as much as hoped, and they follow predictable behavior patterns (see 10 Things Every Mock Jury Ever Has Said). While their rationale may not match the lawyers’, there is a rationale to those willing to understand it from the jurors’ perspective. Finally, data are collected from the jurors, the results from the deliberations are tallied, and an oral and written report is presented to the trial team. This report includes specific tactics, both rhetorical and visual, that should be used at trial. We have written and taught about best practices for mock trials extensively. Some of those articles and webinars include: The 5 Very Best Reasons to Conduct a Mock Trial 6 Good Reasons to Conduct a Mock Trial 6 Ways to Use a Mock Trial to Develop Your Opening Statement 5 Ways That a Mock Trial Informs and Shapes Voir Dire Questions 12 Astute Tips for Meaningful Mock Trials 11 Problems with Mock Trials and How to Avoid Them 7 Questions You Must Ask Your Mock Jury About Litigation Graphics 10 Things Every Mock Jury Ever Has Said How Early-Stage Focus Groups Can Help Your Trial Preparation Webinar: 12 Things Every Mock Juror Ever Has Said - Watch Anytime Together, these resources provide an excellent manual for conducting a mock trial for an upcoming case. However, they don’t deeply address a trial team behavior I’ve seen show up in just about every mock trial our firm has conducted: The lawyers try to win – and I don’t mean fairly.
If you're one of the nearly 10,000 long-time readers of this litigation consulting blog, you know that periodically, we list the recent articles that have proved the most popular. We measure popularity based on the number of times an article has been read, so these really are reader rankings. In today's article, I want to do something a little different. This time I'm listing not only the top three articles of the last quarter but also the current top three articles of all time (since 2011 when we started writing this blog). In a particular quarter, the top article may see a few thousands of individual readers reading it. However, an article on our blog for five or more years may see tens or hundreds of thousands of readers. Consistently, topics related to jury selection rank higher than those related to litigation graphics. I think this is because litigation graphics tend to be used primarily in large civil cases, whereas jury selection occurs in large and small cases and in both criminal and civil cases. These top articles should be interesting to many different types of readers. If you are interested in presenting at trial most effectively, the Netanyahu article should be studied carefully. If you participate in jury selection or hire people who do this kind of work, the voir dire article is a foundational piece. Top 3 Articles of Q2 2018: Netanyahu Persuades and Presents Better Than Most Trial Lawyers What Steve Jobs Can Teach Trial Lawyers About Trial Preparation How Much do Jury Consultants, Litigation Graphics, and Hot-Seaters Cost -- Honestly? Top 3 Articles Since 2011 (the life of our blog, The Litigation Consulting Report): 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
I get excited when I am called for jury duty. After all, my entire 25-year professional career has been focused on persuading judges and juries. Serving on a jury is a rare opportunity to get a view from the inside. It allows me to confirm everything I routinely watch in mock trials and have learned. For example, see 10 Things Every Mock Jury Ever Has Said. When I get called, and yesterday was that rare day, I watch everything -- from how potential jurors are organized to the racial, ethnic, and gender composition of the pool, and every little choice the lawyers make, from clothing to tactics. Unfortunately, the fact that I am a litigation consultant always comes out during voir dire. The last time I was on jury duty, I made it through voir dire and served as foreman in a small traffic case. My fellow jurors said, “You know more about this than the rest of us, so you be our foreman.” That made sense to me, and I know myself to be a good facilitator of group discussions. It was all less formal and only five jurors were seated. Today was different. Thirty-six potential jurors were called for a 12-member jury. So I knew we were going to be facing a criminal matter. Ultimately, I was dismissed, but not before I had a chance to observe the process once again as a juror and to make some observations. Once voir dire began, I noticed that the prosecutor focused very heavily (probably too much) on potential jurors who had a connection with law enforcement and the legal industry. In the process, she exposed many government-friendly law and order jurors, doing herself a disservice. She also exposed me in a discussion around witnesses who lie – something that I had seen in a recent matter that A2L consulted on. Defense counsel put on an aggressive voir dire. She visibly angered many potential jurors by using deeply complicated hypotheticals and double negatives. Jurors turned against her, she invited many objections, and the judge ultimately turned against her as well. Her techniques exposed many jurors who were likely to be biased. However, her unapologetically brash approach distanced her from every juror. So, for the defendant's sake, I hope that her co-counsel is putting on the opening. This was not just my opinion. After being released, a group of 10 also-released jurors rode down in the elevator with me. They were abuzz with negative comments about defense counsel. I asked, so did she piss you off? The universal answer was hell yes. The lesson is that although there’s no question that it’s a good idea to weed out certain types of jurors, trial lawyers must never forget that they are dealing with human beings, not computers. It’s possible to antagonize the very jurors whose votes you need as early as the voir dire process. Don’t do anything that can stand in the way of building that fragile rapport that a trial lawyer needs to develop with the jury. Other free A2L Consulting articles and resources about voir dire, jury selection, being likeable, and more: 10 Ways to Lose Voir Dire 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 5 Questions to Ask in Voir Dire . . . Always 5 Voir Dire Questions to Avoid The Voir Dire Handbook | Free Download | A2L Consulting Jury Selection and Voir Dire: Don't Ask, Don't Know 7 Tips to Take “Dire” out of Voir Dire 10 Ways to Spot Your Jury Foreman 5 Things Every Jury Needs From You 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. Who Are The Highest-Rated Jury Consultants? Webinar: 12 Things Every Mock Juror Ever Has Said
We write here frequently about the importance of using visual evidence in trials and indeed in all sorts of other legal forums. But technology is not the be-all and end-all of persuasion. It is a very useful tool, but the importance of technology does not lessen the need to tell a convincing story to a jury or another decisionmaker. In fact, if courtroom technology is not deployed correctly, presenting visuals to a judge or jury can detract from one’s message rather than enhance it. In other words, figuring out who will be victorious at trial is not simply a matter of determining who is using litigation graphics and who is not. Any trial is ultimately about how each side can use its graphics to support an effective story. Technology-based graphics, therefore, should not be used to make up for the trial skills a lawyer lacks, but rather to enhance the skills he or she already possesses. The type of technological visual is another variable to consider when presenting an argument. Some research has suggested that depending on the case, different types of technology-based graphics can have different persuasive effects on the jury. For example, researchers compared a computer simulation of an air crash, an audiotape with written transcript of a cockpit voice recorder, and a speaker reading the cockpit voice recorder, and asked people to decide whether they believed there was a pilot error based on the evidence to which they had been exposed. The researchers found that jurors who were shown the computer animation believed the flight crew to be significantly less negligent that the other jurors who did not. Animations are so powerful because they can take us to places human beings cannot go. But even without animations, simple PowerPoint slides can be quite effective in advancing your narrative if done right.
by Ken Lopez Founder/CEO A2L Consulting Every month, 1,000-2,000 free e-books and webinars are downloaded and viewed on A2L Consulting's web site. These free resources are likely the single best place on the Internet to learn how the best trial lawyers prepare for and win at trial. It's an exchange of litigation's best practices like no other. Judging by the topics searched for and read during the 100,000+ visits to A2L's website and industry-leading litigation blog so far in 2017, the legal industry is especially eager to learn more about voir dire, storytelling for persuasion (including visual persuasion), and jury consulting generally. Below are the top 10 free litigation best practice resources that have been downloaded and viewed so far in 2017. Choose your favorite(s) now, share this list with friends, and improve your results. Really, everything below is complimentary. 10. The Opening Statement Toolkit: In this 219-page book, you will find 66 articles curated from A2L's massive collection of posts related to litigation and persuasion. Each article relates to opening statements in some way. 9. Why Work with A2L: This free guide details how we think as litigation consultants and the value that litigation consultants provide generally. It's a useful tool to hand to in-house counsel to explain how jury, graphics, and technology consultants can contribute to winning a case. 8. Top 75 Articles of All Time: Our litigation consultants have compiled 75 expert articles on topics related to litigation support and litigation generally. This free book compiled the top 75 articles written in the first five years of our litigation and persuasion blog. 7. The Voir Dire Handbook: This one-of-a-kind and brand-new book will be helpful to junior and veteran courtroom practitioners alike. Because the composition of a jury can dramatically affect the outcome of the case, it is vitally important to get voir dire right and use whatever tools are available for doing so. 6. Using Litigation Graphics at Trial: In our most comprehensive e-book about litigation graphics and courtroom persuasion, A2L's jury and graphics consultants have compiled 74 expert articles in what is a first-of-its-kind book. 5. Tactics for Complex Civil Litigation: Whether you are a veteran trial lawyer or support trial teams, you will find this book valuable. This guidebook includes 74 articles about how to best to prepare and try a complex civil case for bench and jury trials. 4. How to Use Storytelling in Litigation E-Book: In our biggest e-book yet on courtroom storytelling, our litigation consultants have compiled 75 expert articles on topics related to litigation support and litigation generally. 3. How to Design and Use a Great Trial Timeline: This book is a must-have for anyone who prepares informative or persuasive timelines designed to influence and change what people think. 2. Using Storytelling as a Persuasion Tool at Trial Webinar: Whether you are in-house counsel, outside counsel, or litigation support, this 60-minute webinar plus 20-minute Q&A will improve your understanding and use of storytelling techniques during litigation. Led by seasoned litigator, Tony Klapper. 1. The Litigation Consulting Report Blog: Every month, 200 or more people subscribe to our blog. Six years into its existence, there are nearly 10,000 subscribers. You or a friend can subscribe free here, and you can control how often you hear about new articles (published 1x-3x/week) here.
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