Two Reasons ‘Fake News’ Spreads Like Wildfire
Fake news. It’s the buzzword of 2018 and sadly, some say, it is quickly becoming a huge threat to journalism and democracy. But what exactly is “fake news” and why does it matter in the world of litigation? Fake news is misinformation that is broadcast, shared or otherwise disseminated to the masses. Typically, we think... Read More
5 Tips for Becoming a More Persuasive Speaker
In a perfect world, each of us would have been born with an innate set of TED-worthy communication skills that could help us magically transform any audience into a group of attentive, interested and engaged listeners. But we don’t live in a perfect world, and unfortunately, too many audience members choose to flip the proverbial... Read More
Courtroom Conduct Matters. Yes, Counsel: That Includes You.
I never attend trial without issuing some specific behavioral guidelines to my team. And this includes counsel. The rules for courtroom conduct are, to me, nothing short of Courtroom Commandments. They are: Watch your Ps and Qs from the moment you leave your house/hotel room. Keep your note-passing to a minimum. Whisper only when necessary.... Read More
The Rhyming Theme of OJ’s Dream Team
“If it doesn’t fit, you must acquit.” The most legendary trial theme of my lifetime. Probably yours, too (assuming you’re older than 30). Those words, perhaps more than any actual evidence presented at trial, are what will be remembered most about the 1995 OJ Simpson murder trial. In the eyes of many observers, it was... Read More
How to Meet Your Witness’s Need for Approval
In my younger years as a newbie jury consultant, I worked with Dr. Phil McGraw – if you didn’t have an opportunity to work with him in the pre-Oprah days, you may know him as “Dr. Phil.” Phil developed a reputation for being fairly blunt and “telling it like it is.” Some of his quirky... Read More
The Top Ten ‘Persuasion Matters’ Posts of 2017
As we gear up for an amazing 2018, we thought it’d be fun (and let’s be honest, easier on our sluggish, post-holiday brain) to feature the Top 10 posts from 2017 (according to Google Analytics). What’s kind of cool is that the #1 post was an article published in Texas Lawyer, and seven posts were... Read More
Finding Scrooge: Trial-Tested Tips for Seating a Defense-Friendly Jury
The holidays are a wonderful time of generosity, when we open our hearts and wallets to those we love, and sometimes, complete strangers. But in the legal industry, some litigants shy away from jury trials during the holidays, if for no other reason than to avoid a box filled with jurors who feel a tad... Read More
How a Cold-Hearted Bully Illustrates the Importance of Theme Development
Remember when the name “Lance Armstrong” was synonymous with cycling, Tour de France, and über-athleticism? And remember how all that love came to a screeching halt when Armstrong was essentially banned from competing in the sport for life due to his long history of using performance-enhancing drugs? What you may not remember is the post-doping... Read More
Anchoring Your Argument: How to Use The ‘Anchoring Effect’ to Persuade
I recently worked on a federal jury trial where our main objective was damage control: keeping the verdict as low as possible. Plaintiff counsel, of course, wanted to maximize damages, and thus needed the jury to buy in to his damage number as early as possible. The plaintiff lawyer (knowingly or not), attempted to benefit... Read More
Vacated J&J Verdict Offers Insight into Jury Deliberations
A recent ruling in California tossing a $417 million verdict against Johnson & Johnson provides trial lawyers with a priceless peek into how jurors think and what they take into consideration in awarding damages – even when they shouldn’t. The $417 million verdict against J&J was in one of several suits against the company alleging... Read More