Trial Methods January 2020 Pulse Survey Results
Trial Methods set out to take the pulse of the public by questioning jury-eligible people across the country about their attitudes pertaining to litigation-related topics at the outset of 2017. Respondents were from geographically, politically and demographically diverse regions and asked a series of questions online. The same survey with the same methodology was administered […]
Apologizing as a Legal vs. Political Strategy
Our country is divided along many dimensions. One realm where this phenomenon exists is in the world of politics. We see in poll after poll a near-even split in the way the country views the president, his policies and now with impeachment. Roughly half want the president impeached and removed while the other half are […]
The Stealth Juror
A stealth juror is a prospective juror who attempts to make it onto a jury in hopes of attaining a pre-determined outcome in the deliberation. More often than not this juror will say very little during voir dire to try and fly under the radar, or if they do speak, will tailor responses to convey […]
Opening Statement Advice From a Jury Consultant……..and Cicero
So, why do so many of us fear public speaking? We’ve all been there – your hands are shaking, your heart is beating and your mind is racing about your initial presentation to the jury. As your time gets closer and closer, your focus shifts from the content of the opening you’ve rehearsed countless times […]
Expert Witness Credentials
Attorneys love it when their expert witness possesses a degree (or two) from a highly prestigious academic institution. Of course, this is not a coincidence, as lawyers routinely consider educational background when seeking out good candidates to be an expert witness. An impressive resume, the thinking goes, means the ultimate decision maker, typically the jury, […]
Members of the Jury with Tattoos
I was recently asked by a lawyer friend getting ready to pick a jury whether he should ask members of the panel whether they have any tattoos. My general reaction was unless the case involved someone suing a tattoo shop then it probably wouldn’t be a meaningful area of inquiry and that time would be […]
Trial Methods January 2019 Pulse Survey Results
Trial Methods set out to take the pulse of the public by questioning jury-eligible people across the country about their attitudes pertaining to litigation at the outset of 2017. Respondents were from geographically, politically and demographically diverse regions and asked a series of questions online. The same survey with the same methodology was administered in […]
Post-Trial Juror Interview on Drug-Taser-Police Case
How did you feel when you received your jury summons? My first reaction to receiving the summons was a feeling of inconvenience; how I would have to miss work and sit in a room all day with people I didn’t know. I had received a summons before and did not have to serve on a […]
Complex Commercial Litigation: A Defense Perspective
Jurors often connect empathetically with the “key players” involved in a lawsuit. For commercial cases, however, this occurs much less frequently. General commercial litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary […]
Alternative Tracks of Syntax
Kelly Ann Conway was prescient with her introduction of “alternative facts” to American political discourse. But what she really was describing was alternative tracks of syntax. In today’s political environment people seek out and embrace news that fits within their pre-existing firmly rooted overarching political narrative. The news is ubiquitous which means seeking specifically tailored […]