A Primer on EDTX Jury Research Rules
Attorneys throughout the United States will tell you it’s important to know the rules of each court in which you practice. And the Eastern District of Texas is no different. In fact, the EDTX can be a little tricky if you are a litigator wanting to conduct jury research (mock trial, focus group, etc.), or doing a... Read More
Does the Pitch of Your Voice Impact Audience Perception?
Imagine you’re sitting in a jury box, and the trial attorney sounds just like Morgan Freeman. Or James Earl Jones. Or Matthew McConaughey. Or even Kathleen Turner or Judi Dench. Then imagine that we can clone that attorney and make a “twin” who is 100% identical in look, style, demeanor, presentation, diction– everything but for the... Read More
Don’t You… Forget About Me (During Voir Dire)
As much as I hate to admit this, I have a confession to make: When I received a jury summons in the mail a few weeks ago I let out an audible groan. This jury consultant was a prospective juror. Don’t get me wrong, I am a huge supporter of our jury system and feel... Read More
More Than Words
As I sat at my desk the other day mulling over themes and message points for a client’s Closing Argument, the procrastinator in me decided to hop online and hunt for something inspiring. So glad I did! I must give credit to a blog written by Michael Maslanka (“The lessons of 30 years as a lawyer:... Read More
Do Companies Have Personalities Too?
It’s well known that people have personalities. I’ll bet you can easily list a few people you’d rather not spend time with simply because their personalities mesh poorly with yours. Since companies are essentially a function of the people who work there, do corporations have personalities, too? Yep, they do. At least that’s what research... Read More
Jurors Trust Witness Memories More Than They Should
Chances are we’ve all felt very strong about a memory at some time or another, but how accurate was that memory? We tend to think our memories are spot-on, but research suggests otherwise. The disparity between the perception that memory is flawless (or almost-flawless) and the reality that memory is distorted and ever-changing can present... Read More
Maximizing the Impact of A Video Deposition
Video depositions are a powerful, persuasive tool available to every litigant. There are countless benefits, and most will agree that presenting testimony by video is a much better option than simply reading the transcript into the record. But not all videographers are great videographers, and not all video is stellar video. If you go to the expense of scheduling... Read More
Finding Jurors with Limited English Proficiency During Jury Selection
A new appellate opinion in Texas raises an important issue for jury selection: observe your panel carefully to identify jurors who may not have a solid command of the English language. And make a record of any concerns! The Second District of Texas issued an opinion in Eban Stillwell v. State of Texas on May 28th. It’s an important... Read More
Storytelling in Trial: Why It Matters
Storytelling. It’s a word jury consultants use all of the time. We’re always encouraging our clients to tell stories to the jury rather than merely regurgitate facts. I think the mere mention of the word takes us all back to kindergarten, and because of this, telling stories in the courtroom is often trivialized. Why in... Read More
Would You Put in a Full Day’s Work for $6? Jurors Do.
Time.com recently published, “How Being A Juror Is Worse Than Working at McDonald’s.” The article focused on current attempts to seat impartial jurors for both the Tsarnaev (“Boston bombing”) trial, and the Holmes (“Aurora theatre shooting”) trial. The author boldly stated: Jurors who are selected for these high-profile trials will devote nearly half of the year to deciding... Read More