by Ken Lopez Founder/CEO A2L Consulting I wrote about Harvard psychologist Amy Cuddy's body language TED Talk in 2012. Her findings about how striking a power pose can measurably affect your persuasiveness are as relevant for litigators today as they were four years ago. Professor Cuddy has released a new book called Presence, and it is filled with an even greater wealth of useful information for litigators. She goes into detail about what one can do to prepare for a high-pressure situation like a job interview, a competitive swim meet, or a venture capital pitch - all situations similar enough to an opening statement that we can safely assume the same advice applies. When one is delivering as their best self, they are said to be exhibiting "presence." She says that presence is most clear to others when "we feel personally powerful, which allows us to be acutely attuned to our most sincere selves." In other words, when we believe in our message and believe in ourselves, we are in fact scientifically more believable to others - and there are ways to hack your own brain, like the power pose, to make these findings work for anyone. Make no mistake, presence is not about feigning confidence or passion. Instead, exhibiting presence is more like being in sync with your true self. For these techniques to work and for you to maximize your persuasiveness in the courtroom, you really must authentically believe in yourself. But how? Her suggestions for achieving presence are not conjecture. Cuddy roots her advice in solid science and rigorous study. For example, one study involved analyzing videos of 185 pitches to venture capitalists. In this setting, much like the courtroom, there is a clear winner and loser. Key behaviors (all sub-elements of presence) of all the presenters were assessed and compared with those who were successful in getting venture capital funding. The results are fascinating. Four factors clearly dominated all others in determining who got funding:
Mock trials are an essential part of the legal profession, allowing attorneys and legal professionals to test their theories, refine their arguments, and gain valuable insights into how jurors might react to the facts of a case. However, one common challenge that many encounter during these mock trials is the issue of jurors falling asleep. Not only can this be frustrating, but it can also impact the effectiveness and accuracy of the trial. So, what can be done to handle mock jurors who fall asleep during these critical practice sessions?
by Ken Lopez Founder/CEO A2L Consulting In 20 years as a litigation consultant, I’ve personally seen hundreds of litigators try cases, and I have heard the observations of my colleagues on other cases, probably amounting to thousands of cases in all. So I’m in a pretty good position to evaluate what works and what doesn’t work, based on a non-scientific study of trials and trial teams.
In a presidential election year, the litigation arena and the political arena go head to head. This means that everyone, including major pollsters like Pew Research and Quinnipiac, political parties, candidates, and countless social scientists and politically-interested entities, are all vying for the same resources - your potential mock jurors and research facilities.
In today's fast-paced world, capturing and maintaining the attention of a millennial jury can be a daunting task for trial lawyers. With their constant exposure to various forms of media and information overload, keeping millennials engaged requires a strategic approach. In this blog post, we will delve deeper into each tip to help trial lawyers effectively engage millennial jurors and present their case persuasively.
by Tony B. Klapper Managing Director, Litigation Consulting & General Counsel A2L Consulting I’ve recently joined the litigation consulting team at A2L as its Managing Director. This means that I will be working closely with top litigators to help them craft persuasive themes and stories, assist in the testing of a case during a mock trial exercise, and develop powerful demonstrative exhibits. In my 20+ years working at Kirkland & Ellis and then Reed Smith, I have participated in many trials, arbitrations, evidentiary hearings, mediations, and board presentations. Almost without fail, I have been the attorney responsible for coordinating and developing the litigation graphics for these events. That did not mean putting mouse to screen in a graphics program or PowerPoint. Instead, I would put pencil to paper and sketch out a great idea that someone else transformed into a powerful litigation graphic. It is work that I have always been passionate about. As I transition from working on graphics two or three times a year to developing them every week, I want to take a moment to reflect on what I’ve observed about trial graphics as a litigation partner at two major law firms. Janus-like slides. Janus is the Roman god of gates and doorways. He is depicted as having two faces and typically represents beginnings and endings or contrasting experiences, such as war and peace. Although not one of your sexier Roman gods – clearly no Jupiter or Venus – Janus does inspire some effective litigation graphics: A split-screen slide that reflects a cause on the left and an effect on the right, or a representation or claim on the left and visual proof that the representation or claim is false on the right. A single, simple split-screen slide can instantaneously convey a powerful message without resorting to a series of dull, ineffective bullet-point assertions. The Timeline. Effective stories are not simply recitations of chronological events. But “when” something happens and how that something relates to “when” something else happens is almost always a central feature in litigation and part of a good story. Stories have beginnings, middles and endings. They transport us through a maze of actors and activities, all anchored in time. Instead of vertically listing from top to bottom a series of events -- as many fond of the easel and flip chart will do -- a well-crafted and visually appealing timeline allows you to elegantly develop your narrative in linear fashion. But it’s not just the narrative. A timeline that is chock full of entries may tell a completely different story than one with wide gaps of time, even without needing to read the fine print.
The Dunning-Kruger Effect is a fascinating cognitive bias that can have significant implications for the justice system, particularly when it comes to juries. This effect refers to the tendency of individuals to overestimate their own abilities and knowledge in a particular area, leading them to believe that they are more competent than they actually are.
Cognitive biases are a natural part of being human, and jurors are not exempt from these biases when serving in a court of law. The impact of these biases on how jurors receive and interpret expert testimony cannot be underestimated, as it can ultimately shape the outcome of a trial.
by Ken Lopez Founder/CEO A2L Consulting Since our founding 20 years ago, nearly half of our consulting work has involved patent litigation. Patent cases are uniquely suited to our brand of consulting, which relies on storytelling, persuasive demonstratives, and the simplification of complex materials for communication at trial. So it is with great pleasure that we release the 4th edition of our Patent Litigation Toolkit (download here). It seems obvious that our litigation consultants and litigation graphics consultants would routinely help patent litigators make their cases presentable and digestible for jurors. After all, these cases are often incredibly complex, involving issues of detailed mechanics, organic chemistry, and cutting-edge electronic technology. Less obvious perhaps, is the need for good storytelling. In fact, a lack of good storytelling is the undoing of many a patent case and patent litigator. After all, jurors will develop a story about your case whether you give them one or not. If you've done your trial preparation correctly, you will have offered one to them that they can believe in. This complimentary 270-page book is designed to help you with all of your patent litigation challenges - from storytelling to the simplification of complex material. I think you'll find articles like these very helpful: 5 Tips For Inter Partes Review Hearing Presentations at the PTO 11 Tips for Winning at Your Markman Hearings 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint Introducing Mock Markman Hearings to Patent Litigation Trial Graphics in Patent Litigation - 11 Great Demonstrative Tips Explaining a Complicated Process Using Trial Graphics 10 Things Every Mock Jury Ever Has Said 5 Questions to Ask in Voir Dire . . . Always 5 Essential Elements of Storytelling and Persuasion 12 Worst PowerPoint Mistakes Litigators Make
As the largest and most diverse generation in American history, millennials are having a significant impact on many aspects of society, including the legal system. One area where this impact is particularly noticeable is in the jury pool. As more and more millennials enter the pool of potential jurors, they are bringing with them a unique set of experiences, values, and attitudes that can influence the outcome of trials and the way that juries function.
by Ken Lopez Founder/CEO A2L Consulting I am very proud of A2L Consulting's role in the creation of the job title "litigation consultant." Over the years, this position has evolved somewhat, but it remains substantially similar to the way we designed it in the mid-1990s. Back then, it was my full-time job. Today, I still get a chance to do parts of it now and then, and after 20 years, I believe it's the best job in litigation. The role of a litigation consultant is to work with trial teams and help them develop the best visual and rhetorical strategies for persuading factfinders at trial, ADR, or in any dispute. In the 1990s, no one but the attorney-consultants at A2L called themselves litigation consultants and few if any firms offered a similar service. Now, litigation consultants are generally litigators themselves often hailing from a large law firm. They spend most of their time directing the development of persuasive PowerPoint presentations, working with jury consultants in mock trials, and helping top litigators more effectively tell their stories at trial. As we've written before, this role is becoming increasingly important in the litigation industry where even top litigators make it to trial only once every few years. By contrast, a litigation consultant may see the inside of a courtroom dozens of times or more per year. If you love litigation like I do, this is the best job in the world. Here are nine reasons why I think this is so. Trial. Let's be honest, the best part of litigation is not the endless years of paper pushing in advance of trial, it's the theater of preparing for and performing at trial. A litigation consultant skips all of the pre-trial tedium and gets to engage in all the best parts of litigation. See, 11 Things Your Colleagues Pay Litigation Consultants to Do.
Confirmation bias is a pervasive cognitive bias that affects individuals in all areas of life, including the court system. It is crucial to understand the nature and effects of confirmation bias in order to mitigate its impact in jury trials. By recognizing and addressing confirmation bias, we can work towards a fairer and more just legal system.
by Ken Lopez Founder/CEO A2L Consulting Last month the Federal Reserve raised interest rates for the first time in nine years. This action signals that the Fed believes we are entering a period of sustained and significant economic growth. Although the Great Recession officially ended in 2009, for a lot of people, this Fed action may mark the emotional end of it. Economic conditions do feel considerably better than they did just a few years ago. Most people who want a job can get one now. However, most jobs pay less than they did 10 years ago. Furthermore, a staggering 40% of people over the age of 16 do not have a job. That's the lowest number since the Jimmy Carter years. So, we can't quite say things are rosy, but we can't say things are terrible either. After all, in 2009, more than 700,000 jobs (including a lot of legal industry jobs) were being lost per month, and now, 250,000 jobs are being added to the economy in a typical month. What does this all mean for those of us who work in the litigation industry? Will 2016 be a good year? The answer, I believe, is that while it will not be an incredible 2005-like year, it will probably be a little better than 2015, and that's not too bad. Let me support that belief with some additional details. This is the fourth year I've written an economic forecast for the litigation industry. For 2013, I forecasted improving conditions for all of us, and we saw the economy grow by 2.3%. That was actually a significant improvement over the year before which saw many law firms not growing or even shrinking. For 2014 (also including a mid-year update) and 2015, my forecast was about the same, and so were the results - modest growth. For law firms and their litigation departments and for litigation support firms like A2L Consulting, these past several years have been growth years. But will it continue? After all, recessions come about once every seven years, and the last recession occurred in 2009.
Jury selection is a critical part of the legal process, and the jury summons form plays a significant role in this process. While many may overlook this form, it actually holds valuable information that can greatly influence the outcome of a trial.
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