The Trump trial in New York has been discussed for months. With the jury selection process well underway, several things have gone wrong that could potentially impact the trial's outcome. In this blog post, I'll discuss seven of these issues. 1. Jury members with biases: Finding unbiased and fair jurors is one of the most significant challenges during jury selection. In the case of the Trump trial, potential jurors may have already formed an opinion about the defendant due to the extensive media coverage of the trial. The political climate surrounding the case could also lead to jurors having predetermined notions about the defendant, which could impact their ability to be impartial during the trial. As of this writing, two potential jurors who were already selected have been removed. 12 jurors have already been selected, with Friday dedicated to selecting alternate jurors in case any of the chosen jurors are dismissed. See Font Matters - A Trial Graphics Consultant's Trick to Overcome Bias. 2. Jurors who have already formed an opinion: During the pretrial phase, so much media coverage about the case could influence potential jurors. If potential jurors have already made up their minds about the case, it could impact their ability to remain impartial during the trial. This could lead to jurors not being open to hearing the evidence presented during the trial, which could impact the outcome. For those jurors, the trial would be one extensive exercise in confirmation bias. 3. Jurors have been doxxed: Doxxing, the act of revealing personal information about individuals online, has already proven to be a significant issue during the jury selection process for the Trump trial. This unethical practice can make potential jurors feel exposed and vulnerable, impacting their ability to participate in the trial impartially. With the constant threat of personal information being leaked, jurors may feel pressured or intimidated, affecting their decision-making process. It is crucial for the court to address and prevent any instances of doxxing to ensure a fair and unbiased trial for all parties involved.
Preparing for a mock trial can be daunting, especially if you're unsure how to proceed. That's where a jury consultant comes in. A good jury consultant can help you prepare for a mock trial in various ways. In this blog post, I'll discuss 12 things your jury consultant should do to help you prepare. 1. Developing a Theme One of the first things your jury consultant should do is help you develop a theme for your case. A theme is an overarching idea that ties together all the evidence and arguments in your case. Developing a theme early on can help you stay focused and create a more compelling narrative for the jury. See 14 Differences Between a Theme and a Story in Litigation. 2. Conducting Focus Groups Focus groups are a powerful tool for testing your case theory and identifying potential weaknesses. Your jury consultant should be skilled at conducting focus groups and be able to provide you with valuable insights into how jurors are likely to react to your case. See How Early-Stage Focus Groups Can Help Your Trial Preparation.
During his lifetime, I often reached out to Steve Jobs, the ex-CEO and co-founder of Apple, seeking business insights. While he never replied, I always sensed a shared perspective. I am confident that his guidance would have always emphasized the importance of prioritizing quality to attract the ideal clientele. This principle held true during the inception of Animators at Law, which later evolved into A2L Consulting and now continues as Persuadius. My deep-rooted admiration for Apple dates back to before the groundbreaking launch of the Mac in 1984. Through thick and thin, my unwavering love for Macs and the company has been a constant. I attribute a significant portion of my success to the Mac, as its accessibility to graphics empowered me to delve into courtroom animation while in law school in the early 1990s. This initial spark later blossomed into establishing a trial graphics firm, which then transitioned into a jury consulting enterprise, a trial technology firm and ultimately a litigation consulting powerhouse.
As a trial lawyer or someone working close to one, you may already be familiar with trial technicians and hotseaters. These professionals provide essential technical support during trials, ensuring everything runs smoothly. They usually sit adjacent to counsel's table and run your trial presentation, including the displays of exhibits and demonstrative evidence. However, you may not know that trial technicians and hotseaters possess a host of hidden skills that go beyond their technical capabilities. Here are some of the hidden skills of trial technicians and hot seaters that you never knew about: 1. They Dress Appropriately If you are in court, you should dress like you are in court. To me, a lifelong Virginia/DC resident, this means white, blue, or cream shirts, a dark suit, and a conservative tie. Black shirts, light-colored suits, and loosely knotted or holiday-themed ties are a no-go at Persuadius. But each trial team has its own style. It is essential to blend in with your trial team. Good trial techs and hotseaters know this intuitively. They want to avoid making a fashion statement in a courtroom or standing out. They want to blend into the background. 2. Some Trial Technicians Are Designers, But It's Rare A rare breed of trial technicians or hot-seaters can also create (sophisticated) demonstrative evidence, usually in PowerPoint. These multifaceted individuals typically start as designers and become trial technicians/hot seaters. This is a beneficial talent. They typically cost more per hour because of these individuals' rarity. Still, they allow the trial team to create exhibits mid-trial instead of simply showing documents and doing live callouts.
Discover how utilizing litigation graphics can significantly impact the outcome of a trial and captivate the jury's attention. The Power of Visual Communication in the Courtroom In the courtroom, visual communication plays a crucial role in presenting complex information in a clear and compelling manner. By using litigation graphics, attorneys can effectively convey their arguments and evidence to the jury, helping them understand the case more easily. Visuals have a powerful impact on human perception and memory. Studies have shown that juries remember information better when it is presented visually rather than verbally. This makes litigation graphics an essential tool for attorneys to enhance the jury's understanding and retention of key facts and arguments. Additionally, visuals can evoke emotions and create a stronger connection with the audience. By incorporating compelling images, charts, and diagrams, attorneys can engage the jury on a deeper level and make a lasting impression. The power of visual communication in the courtroom cannot be underestimated. Litigation graphics provide attorneys with a powerful tool to convey complex information effectively, enhance understanding and retention, and create a lasting impact on the jury. Types of Litigation Graphics Attorneys can use various types of litigation graphics to support their arguments and present evidence. Some common examples include: - Timelines: Litigation timelines effectively illustrate the chronological sequence of events and highlight key dates and milestones in the case. - Charts and Graphs: Litigation charts and graphs are useful for presenting statistical data, comparisons, and trends. They can make complex information more accessible and understandable for the jury.
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.
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.
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