by Alex Brown Director of Operations (former) A2L Consulting I read an article today that can be applied to our industry so well that I thought I should apply its lessons. The article was written by Eddie Shleyner and is titled: How to Defeat Your Most Dangerous Writing Habit: 7 Ways to Lift 'The Curse of Knowledge' The article highlights the concept of being cursed due to knowing too much. The issue refers to someone who has studied a subject so thoroughly that it becomes difficult to explain it to people who don’t know as much about the subject. As an example, he discusses the book, Made to Stick, where the Heath brothers provide an example: “Think of a lawyer who can’t give you a straight, comprehensible answer to a legal question. His vast knowledge and experience renders him unable to fathom how little you know. So when he talks to you, he talks in abstractions that you can’t follow. And we’re all like the lawyer in our own domain of expertise.” Cognitive bias is what we are talking about. Shleyner notes that this is particularly dangerous to writers, since in conversation, a listener can ask questions to clarify the issue. But litigators, when giving an opening or closing statement, are in the same boat as writers since they are unable to ask or receive questions from their audience. So, how can you defeat this curse? Ironically, more knowledge is the answer. The more you know about the curse, the less likely you will succumb to it and the more persuasive you will be. Let’s take a look at his seven best practices to combating this curse and apply them to our industry. 1. Know your audience’s base subject knowledge. Jury Research. Focus Groups, Mock Exercises. Basically, you need to know your audience. Not only to know how they think, but why, what, who, where and the often forgotten wow. Learn how they think, learn the history to know why they think this way, but most importantly, figure out how to say it in a way that will wow them and be remembered. Like It or Not: Likability Counts for Credibility in the Courtroom 5 Reasons Why Jury Consulting Is Very Important Group Psychology, Voir Dire, Jury Selection and Jury Deliberations
by Ryan H. Flax, Esq. (Former) Managing Director, Litigation Consulting A2L Consulting In our two previous posts, we discussed two important roles that an opening statement can play: making you and your client appealing to the jurors, and telling a convincing story. Here are two other key functions for an opening statement.
by Elise Jefferson, MA A2L Consulting An intriguing and complex aspect of civil litigation is the use of damage awards as a means of achieving justice. This remains an inexact science; no one can predict the amount of money that a jury is going to award the plaintiff if liability is found. However, a good deal that is worth knowing has been learned about what goes into that decision. For example, studies have examined damage awards when jurors are asked to award a specific amount, as well as how jurors’ perceptions of the plaintiff’s motives for suing can affect damage awards. Although it can be difficult to predict how much money a jury may award, it is still important to consider the various theories that attempt to explain what influences jurors when determining damages. Following are four theories that reflect the current state of the art.
Twenty years ago in my trial advocacy class, we talked a lot about developing a theme for a case. We learned to say things in an opening statement like, "this is a simple case about right and wrong" or "no good deed goes unpunished."
Mock juries serve as a crucial tool for legal practitioners in their trial preparations. These simulated juries provide valuable insights into how your arguments will be received and offer opportunities for improvement. When conducting a mock trial, it is important to anticipate the questions and comments that your mock jury may have. Here are 11 common inquiries to be prepared for:
As a seasoned trial consultant with years of experience in the courtroom, I have witnessed countless closing arguments that simply failed to connect the dots. The closing argument is a crucial part of the trial process, as it provides the opportunity to tie up all the loose ends and present your case in a compelling and concise manner. A well-crafted closing argument can truly be the difference between winning and losing a case. In this blog post, I will delve deeper into why it is essential to tie up loose ends throughout the trial, starting from the opening statement.
I frequently help lawyers craft presentations – whether it’s the opening statement of a litigator, a pitch presentation for a law firm, or a seminar presentation for a corporate lawyer. And I too am often called upon to speak at events or even off the cuff to a group. After a good bit of trial and error, I have found two nearly foolproof ways of organizing any of these talks that I use almost invariably, whatever the context may be. The great thing about these models is that you can use them in an off-the-cuff speech just as well as you can in a highly scripted presentation. Whether it's the courtroom or your kid's school, these models work wonders. You will come off as inspiring, not just informative. You will appear confident. You will also be seen as following modern presentation styles – the spoken equivalent of using an electronic presentation versus using transparent overhead slides.
by Ken Lopez Founder & CEO A2L Consulting
by Ryan H. Flax (Former) Managing Director, Litigation Consulting A2L Consulting
Why do so many TV shows and movies include courtroom dramas? Because people love drama, they love to try to figure out who committed the crime, and because they love the clash of right and wrong.
Sales and marketing experts know that the sales process includes a multitude of stages – steps that a purchaser normally experiences before making a decision to buy. As our trial consultants see it, litigators also need to “sell” the judge or jury on the correctness of their client’s position. Therefore, it stands to reason that trial lawyers can learn a good deal from salespeople.
Usually, the vast majority of the time that a litigation consultant will spend with a trial team focuses on jury selection, mock trials, witness preparation, opening statement and expert testimony. A litigation consultant will usually spend less than ten percent of his or her time in supporting a trial team in its development of the closing argument. This is very curious, because closing arguments are a critical part of any trial. They are the last words jurors will hear out of your mouth, and they are the punctuation mark on your case and the story you have developed.
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