I often talk about what not to do, but sometimes, I must remember to mention what you should do to achieve success at trial. In honor of leap year 2024, I have written this article offering 29 tips for successful trial preparation and execution. You can use this list as a checklist to compare yourself to your peers. I did not develop these ideas alone. Instead, they come from my experience working with the best of you over the past 30 years. 1. Conduct a mock trial. The very best litigators always conduct a mock trial when at least $10 million is at stake. Mock trials are a critical part of the Persuadius service offerings. If you want to discuss one, I invite you to email me (ken@persuadius.com) or call me (1-800-847-9330) or, ideally, fill out a client conflict check form by clicking the purple button in the upper right corner of this page. Only three people, including me, see those. 2. Conduct more than one mock trial. The ideal number is three, and that's precisely what I have observed the best trial lawyers do. It's not always affordable, but more than one mock is mandatory for cases with $25 million or more at stake. The only thing that varies is the investment in each mock trial. If $100 million or more is at stake, every mock should have every investment possible (i.e., a proper mock facility, a two-day or three-day mock, live witnesses, opening and closing statements, etc.). 3. Collaborate with litigation consultants who bring experience and insights to trial preparation. With a track record of handling hundreds of trials, we have witnessed exceptional and lackluster attorney performances. We aim to share valuable knowledge and advice, not lecture or boast about expertise. Drawing on the collective wisdom of countless cases, we strive to support you in crafting a solid and effective trial strategy. Litigation consultants can be exceptionally helpful when developing your opening statement. 4. Build a solid opening statement. In 30 years, I haven't seen anything to convince me that the opening statement is not the most essential part of the case. Some studies say that 80% of jurors make a decision about who will win after hearing opening statements. When done correctly, it should take months to develop an opening. It should be tested many times in whatever way your client can afford. We've written extensively about this. This topic is wonderfully covered in our opening statement toolkit ebook. See The Opening Statement Toolkit.
Kenneth J. Lopez, J.D.
Recent Posts
Discover the top blunders that litigators make in their trial presentations and learn how to avoid them for a successful outcome. 1. Overloading slides with text and information One common mistake that litigators make in presentations is overloading slides with too much text and information. This can overwhelm the judge and jury and make it difficult for them to focus on key points. It's important to keep slides concise and use visuals to support the content. Additionally, overcrowded slides can detract from the overall visual appeal of the presentation. See 12 Ways to Eliminate "But I Need Everything On That PowerPoint Slide" and How Much Text on a PowerPoint Slide is Too Much? 2. Ignoring the importance of visual appeal Visual appeal plays a crucial role in capturing the audience's attention and conveying information effectively. Ignoring this aspect can result in a dull and unengaging presentation. Litigators should strive to use high-quality visuals, relevant images, and effective design elements to enhance the overall appeal of their slides. Remember, a visually appealing presentation can leave a lasting impression on the audience. See Trial Graphics Dilemma: Why Can't I Make My Own Slides? (Says Lawyer) and Do Professionally Designed PowerPoint Slides Get Better Results?
I have the privilege of working with some of the most skilled trial lawyers in the country. They are an impressive group, possessing extensive knowledge of the law, unwavering work ethic, and expertise in the courtroom. In addition, they have an intangible charisma that allows them to command a room the moment they enter. Great trial lawyers can establish a magnetic rapport with judges and jurors that is awe-inspiring and hard to explain. As a trial consultant, we should observe this connection and let it propel us to victory. Because of this natural charisma, many top trial lawyers worry that when they use PowerPoint slides to supplement their opening statements, judges and jurors may lose the personal connection they have worked their whole lives to learn. They point out, or I observe, that judges' and jurors' attention is often still fixed on the screen, even if they want to move on to the point not included in the slides. Should the jurors continue focusing on the screen or shift their attention to the lawyer? I know what we want them to do, and all too often, they do the opposite. This is no trivial concern. There is something called the split attention effect, where audiences need help figuring out where to look and end up not remembering anything. There's also a closely related redundancy effect describing when lawyers show and read text. Again, the audiences remember less than they would have had you shown or read the text. You are not alone if you do this. I counsel on this topic very often.
Discover why using bullet points in PowerPoint presentations can hinder your ability to persuade and learn powerful tips to enhance your presentations. The Problem with Bullet Points: How They Kill Persuasion Bullet points have long been a staple of PowerPoint presentations. However, their overuse can actually hurt your ability to persuade and engage your judge/jury. Bullet points are often used as a crutch, allowing presenters to simply read off the slide instead of creating a compelling narrative. This can lead to a lack of connection with the judge and jury and a diminished impact of your message. Additionally, bullet points can make your presentation feel cluttered and overwhelming, making it difficult for your judge & jury to focus on key points. We have written extensively about this in articles such as, Still Think Persuasion is About Talking While Showing Bullet Points? and 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) and Why Reading Your Litigation PowerPoint Slides Hurts Jurors and The Redundancy Effect, PowerPoint and Legal Graphics. They are wonderful resources all by themselves. To overcome the problem with bullet points, consider alternative ways to present information. Instead of listing out your main points in bullet form, try using visuals, storytelling techniques, effective data visualization, and memorable quotes and anecdotes to drive your message. Above all else, never read your slide aloud
As a trial attorney, your opening statement is one of the most crucial parts of your case. We wrote a book about opening statements and offered webinars about opening statements. The opening statement sets the tone for the entire trial and can make or break your case. That's why it's so important to get it right. One way to ensure that your opening statement is effective is to enlist the help of a trial consultant. Here are 10 reasons why you should ask your trial consultant to write a draft, maybe only the first draft, of your opening statement. 1. Experience Trial consultants have years of experience working on cases just like yours. They know what works and what doesn't when it comes to opening statements. By tapping into their expertise, you can be sure that your opening statement will be effective. 2. Fresh Perspective Sometimes, as an attorney, you can get too close to the case. You've been working on it for weeks, if not months, and it can be hard to see the forest for the trees. A trial consultant can bring a fresh perspective to your case and help you see it in a new light.
PROS: PowerPoint is a versatile tool that many lawyers use for creating trial graphics. It can be used to create visual aids that can help present arguments in a clear and concise way. While there are many tools available for creating trial graphics, PowerPoint is a popular choice due to its ease of use, flexibility, and accessibility. Using PowerPoint for trial graphics can help simplify complex concepts and make arguments more compelling. For instance, you can use PowerPoint to create timelines, charts, graphs, and other visuals that can help illustrate key points. This is particularly important in cases where multiple parties, complex facts, or technical details need to be presented to the jury.
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.
Understanding the Role of a Litigation Consultant A litigation consultant plays a crucial role in the legal process, providing expert advice and guidance to attorneys and their clients. They bring a unique set of skills and knowledge to the table, helping to navigate complex legal matters and improve the overall effectiveness of your case.
Some trial graphics specialists are attorneys. Other trial graphics specialists are jury consultants. Some trial graphics people are trial technicians. But, there is a type of trial graphics specialist, like those at Persuadius, who work mostly in pairs. They prefer to either conceptualize or execute. Let's take a closer look at this pair of specialists. Understanding the role of trial graphics specialists Trial graphics specialists are professionals who specialize in creating visual aids and presentations for use in legal proceedings. While some may think their job is solely about making slides look visually appealing, their role goes far beyond that. Trial graphics specialists are responsible for translating complex legal concepts and information into clear and concise visuals that can be easily understood by judges, juries, and other participants in the courtroom. Sometimes that role is one person. More often than not, it is usually a pair of artists, one with legal training and one with more formal artistic training. Together, they form an amazing team.
In this blog post, we will explore the significant impact visuals have on a judge's decision and how litigation graphics can influence the outcome of a case. Discover the power of visual storytelling and its role in shaping perceptions and influencing decision-making processes. Understanding the Power of Trial Graphics in the Courtroom Trial graphics play a crucial role in presenting information in a visually compelling and easily understandable way in the courtroom. They have the power to simplify complex concepts, highlight key evidence, and engage the judge's attention. By using visual aids such as charts, diagrams, and timelines, attorneys can effectively convey their arguments and strengthen their case. Moreover, trial graphics can help in organizing information and presenting it in a logical sequence, making it easier for judges to follow the flow of the case. Visuals also have the advantage of leaving a lasting impression on the judge's mind, as humans are naturally more inclined to remember visuals compared to text alone. This makes trial graphics a powerful tool for attorneys to enhance their communication and increase the chances of a favorable outcome. The Role of Trial Graphics in Enhancing Communication Trial graphics act as a bridge between complex legal concepts and the judge's understanding. By visualizing arguments, evidence, and facts, trial graphics can effectively communicate the key points of the case and simplify complex information. They enable attorneys to present their arguments in a clear and concise manner, ensuring that the judge grasps the main ideas without getting overwhelmed by technical jargon.
When it comes to trial, preparation is key. One of the most important parts of that preparation is having a reliable and skilled trial technician on your team. They are in very high demand at Persuadius. Trial technicians are an invaluable asset in the courtroom, helping to ensure that everything runs smoothly and that you have everything you need to present your case effectively. Here are 10 ways trial technicians take the worry out of trial: 1. Technical Expertise: Trial technicians are highly skilled in using the latest technology to present evidence (increasingly OnCue vs. Trial Director) and exhibits in the courtroom. They can manage complex audio and video presentations, create interactive exhibits, and handle all aspects of courtroom technology. 2. Familiarity with Courtroom Procedures: Trial technicians are familiar with courtroom procedures and know how to navigate the unique challenges of each courtroom. They can help you prepare for the specific courtroom where your trial will take place, ensuring that you are fully prepared for any unexpected issues.
Discover effective strategies for creating compelling trial graphics that leave a lasting impact during Markman Hearings. Understanding the Importance of Trial Graphics in Markman Hearings Trial graphics play a crucial role in Markman Hearings, where the interpretation of patent claims takes place. These graphics help simplify complex ideas and concepts, making it easier for judges and juries to understand the arguments presented. By visually representing technical information, trial graphics enhance comprehension and retention of key information. In a Markman Hearing, the judge determines the meaning and scope of patent claims, which can heavily impact the outcome of a case. Presenting clear and effective trial graphics can significantly influence the judge's understanding and interpretation of the claims, ultimately shaping the outcome of the hearing. Furthermore, trial graphics prepared for a Markman can also aid in persuading the jury later at trial. Visual elements have a powerful impact on human cognition, helping to convey ideas and arguments more effectively than words alone. By presenting compelling trial graphics, attorneys can strengthen their case and leave a lasting impression on the jury. Identifying Key Information to Highlight
Explore the significance of compelling trial graphics in antitrust litigation and how they can contribute to successful litigation. Understanding the Power of Visual Persuasion Visual persuasion is a powerful tool in antitrust litigation. It involves the use of trial graphics to present complex information in a visually appealing and easily understandable manner. Research has shown that humans are highly visual beings, and we process visual information much faster than text. By leveraging this innate visual processing capability, effective graphics can significantly enhance the persuasiveness of legal arguments in typically complex antitrust cases.
Discover how optimizing mock trial graphics can lead to enhanced results in your trial. Explore the importance of testing trial graphics and learn how to create captivating visuals that make a lasting impact on the mock jury so you know how to speak visually to the trial jury. Understanding the Power of Visuals in Mock Trials Visuals play a crucial role in mock trials, as they have the power to convey complex information in a way that is easily understandable and memorable. By incorporating visuals into your trial, you can effectively communicate your arguments and evidence to the jury. A well-designed visual can help simplify complex concepts, highlight key points, and reinforce your arguments. It can also engage the jury on a visual and emotional level, making your case more compelling and memorable. Whether it's charts, graphs, diagrams, or animations, visuals can help jurors visualize the facts, understand the sequence of events, and grasp the overall context of your case. This understanding can significantly impact their perception and interpretation of the evidence presented. Therefore, it is essential to understand the power of visuals in mock trials and utilize them strategically to enhance your chances of success. The Role of Mock Trial Graphics in Captivating the Jury
Share: