Explore the most captivating and insightful litigation consulting articles that drew the interest of tens of thousands of readers in 2024. With nearly 1,000 articles on our site covering a wide range of litigation consulting topics, I find it beneficial to occasionally pause and review what our audience is engaging with. These are the top articles, as determined by your readership, in 2024. The Evolution of Litigation Consulting in 2024 The landscape of litigation consulting has undergone significant transformations in 2024. With advancements in technology, this year has seen pivotal changes that have reshaped the industry. Our readers have shown a keen interest in understanding how these developments impact litigation strategies and outcomes. Our articles have covered topics ranging from the integration of AI in legal practices to the increasing importance of storytelling as a persuasion tool. The insights provided by our expert contributors have been invaluable in navigating these changes, making these topics some of the most viewed of the year. The Top 24 Litigation Consulting Report Articles in 2024 21 Secrets From an Opening Statement Guru: Learn the 21 secrets of crafting a winning opening statement in litigation. Discover the importance of storytelling, simplifying your message, and practicing diligently for success. Trial Graphics and PowerPoint: Learn how PowerPoint can be a powerful tool for creating trial graphics in litigation consulting. Discover how it simplifies complex concepts, creates compelling visuals, and enhances persuasive arguments. Find out why PowerPoint is accessible and adaptable for collaboration. Avoid common mistakes and explore expert tips for using PowerPoint effectively in trial presentations. 9 Hidden Skills of Trial Technicians and Hotseaters You Never Knew About: Discover the hidden skills of trial technicians and hotseaters in this insightful post. Learn about their unique abilities beyond technical support in the courtroom.
Like the well-known character Pinocchio, some lawyers and their trial graphics experts are not always truthful. Unfortunately, their noses don't grow to reveal their deceit, so it's up to you to identify when they're being dishonest. This article aims to equip you with the tools to do just that—spot those who mislead with charts and trial graphics and, ideally, expose them in court. Alternatively, you could hire Persuadius to save time and energy, allowing you to focus on what you excel at. Clarity and accuracy are crucial in a court of law, but trial graphics can be manipulated to distort the truth. Misleading charts and visual data presentations are often used to sway the judgment of judges and jurors, making it essential for legal professionals to be vigilant. Here are the top 10 tactics your opponent might use to mislead the judge and jury through trial graphics trickery, and how you can spot them. 1. Misleading Scales and Axes on Trial Graphics One of the most common tricks in chart manipulation involves altering the scales and axes. By stretching or compressing the y-axis, a slight difference in data can appear much larger or smaller than it actually is. For instance, a bar chart with a truncated y-axis (which doesn't start at zero) can make minor differences appear significant. Alternatively, using non-uniform intervals on the axes can distort the perception of trends, making data points look disproportionately close or far apart. Below, the creators of this chart wanted to create the impression that iOS has more market than Android. That's not true. I don't understand why, but it's not true. They achieve this by leaving off the bottom 75% of data and indicating that Android holds 85% (at least according to this chart) of the market. The actual numbers are roughly 71% (Android) versus 28% (iOS). Defensive Tip: Always check if the scale is consistent and fair. A quick glance at the axis values and intervals can reveal if something is amiss.
This is by far the most important e-book we have ever launched, setting a new standard in the industry with its unparalleled depth and breadth. Spanning an impressive 559 pages, it encompasses nearly everything we know about the art of persuasion through trial graphics and litigation graphics. I am beyond excited to introduce this revolutionary book for 2024. The book is titled Winning With Trial Graphics and Litigation Graphics: A Trial Lawyer's Handbook, and I am thrilled to unveil it to trial attorneys and their support teams. This e-book is an updated edition of our highly acclaimed 2014 version, which has set the benchmark in the industry for the past decade. In this new release, we’ve enriched the content with over 100 fresh articles on trial graphics, litigation graphics, storytelling, and the science of persuasion, making it an invaluable asset for legal professionals. You can download this 559-page book without any obligations by clicking here.
I am delighted to announce the release of Persuadius's latest free litigation e-book, Trial Technicians, Hotseaters & Trial Technology 2024, designed for trial attorneys and their support staff. This e-book is a follow-up to the popular 2014 version that has been the industry standard for the past 10 years. We have added over 30 new articles on trial technicians, hotseaters, and trial technology, all included in this latest release. You can download this 153-page book without any obligations by clicking here. This book contains 60 articles carefully selected from Persuadius's extensive collection of posts related to litigation and technology. Each article is relevant to high-tech trials in some way, covering topics such as hiring a hot seater, establishing a good working relationship with them, and effectively utilizing trial technology. The book is filled with valuable tips that will benefit both novice litigators and experienced professionals.
I'm absolutely thrilled to announce the release of Persuadius's latest free litigation e-book, The Opening Statement Toolkit v2. Version 1 (2015) was our most popular ebook of all time, with many litigators telling me, "This is essential reading." You may now download this new book without strings attached by clicking here. In this 271-page book, you will find 80 articles curated from Persuadius's massive collection of posts related to litigation and persuasion. Each article relates to opening statements in some way. From organizing the opening to the use of storytelling techniques to persuade, the book contains an amazing array of tips that will prove valuable to the novice litigator and the veteran alike.
If you’ve been following our blog for a while, you may have let some amazing posts slip under your radar. With over 12 years of blog posts and an impressive 850 entries, it’s easy to miss a few hidden gems. That’s why we’ve compiled this curated list of captivating blog posts that deserve recognition.
80% of jury trials are won or lost in the opening statement. 80%!!!!!!
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.
As a trial lawyer, your main goal is to persuade the judge or jury that your client’s side of the story is the most compelling one. One of the most effective ways to do this is through trial graphics. These visual aids can help you convey complex information in a way that is easy to understand and memorable. In this article, we’ll explore the science of storytelling and how trial graphics can help you tell a compelling narrative. The Power of Storytelling Humans have been telling stories for thousands of years. From cave paintings to novels, stories have always played an essential role in our lives. But why do we love stories so much? The answer lies in our brain. Research has shown that when we hear a story, our brain releases dopamine, a chemical associated with pleasure and reward. This makes us feel good and helps us remember the information better. In addition to making us feel good, stories also help us make sense of the world around us. They provide a framework for understanding complex information and help us remember important details. This is why stories are such a powerful tool in the courtroom.
A very close friend just asked me what we do at A2L Consulting. Last week, a 30-year colleague and client remarked that he didn’t realize that half of our business involved jury consulting. Last night, a high-profile trial lawyer kindly complimented our firm while speaking to a group -- but called the company by its former name of 10 years ago. It’s my job to explain to people who we are and what we do, and some of the people closest to me don’t understand what we do as litigation consultants at A2L Consulting. Clearly, I am doing something wrong. The purpose of this article is to provide a detailed overview of the work we do as litigation consultants. Still, it will also educate anyone involved in trying cases about best practices in specific areas of trial preparation and trial practice. The Big Picture Our firm was one of the first (if not the very first) to call itself a Litigation Consulting firm back in the mid-1990s. At a 30,000 foot level, litigation consultants like A2L are hired by top trial lawyers and large corporate legal departments to help increase the odds of winning a particular case. We help increase the odds of winning a particular case by: testing and refining cases during a mock trial and jury consulting process by soliciting and measuring feedback from mock jurors and mock judges; helping to refine the narrative and key arguments to be delivered at trial through our peer-to-peer litigation consulting process. This litigation consulting process often includes multiple rounds of practice, particularly of the opening statement; designing litigation graphics presentations rooted in persuasion psychology that help judges and jurors both understand our cases and help to persuade those same fact-finders to take our side in the case; and using highly trained hot-seat operators (trial technicians) to display electronic evidence on the fly and leave the trial attorney in a position to connect with judge and jury; I call these four areas, jury consulting, litigation consulting, litigation graphics consulting, and trial technology consulting. Collectively, I call them all litigation consulting. Within each category, there are MANY sub-services. Below is an overview with linked articles that explain each of these four areas in more detail and offer best practices. If you are in the business of trying cases, there is a lot of value here for you in the materials below.
Almost every day, our trial-lawyer litigation graphics consultants and our jury consultants are working to help a trial team to develop, refine, and practice their opening statements. We do this nationwide, often hundreds of times a year. Every trial team is different. One team, I recently had the pleasure of working with asked me for a model of what the best trial presenters do a week or two before trial. They didn't come out and ask that specific question, but they asked a lot of specific questions like: To practice, do we just print our opening from Word and read it? How do we integrate the slides when practicing? Do we print out the PowerPoint slides, and what about the animations where the text overlaps when we print? Should I read the opening or memorize it? Should we just work from bulleted phrases? Do I use the slides as cues for what to say next? Should I run the presentation as first-chair? These are great questions! Fortunately, there are specific best-practices that answer each of these questions. For our litigation consultants and for our clients who go to trial often (1x/year+), many of these are second nature. For most, however, there will be a tip or two of very high-value below. Here are 10 best practices and tips for the period of time immediately before trial: 1. It should look like this when you are done. Put your politics aside for a second. The impeachment trial presentations were not the very best I've ever seen, but they were certainly good enough. If you use the trial presentation style from the impeachment trials, you are well on your way towards excellence. But, in particular, I want you to watch a minute or so of two videos and consider three elements: 1. How trial presentation notebooks are used; 2. Absolutely no use of a clicker; 3. The presentations complement what is being said and don't feel like a jarring interruption. Here is an example from each side of the impeachment trial. Watch about 60 seconds of each to see the presentation style. 2. The trial presentation notebook. I think a well-prepared trial presenter works toward (at a minimum) presenting in a way that looks like those trial lawyers above. They use PowerPoint and follow many best practices for doing so. See my four-part series on trial presentation lessons from the impeachment trial. In particular, however, note that each trial lawyer presents from a trial presentation notebook. Their arguments are written out, PowerPoint slides are integrated into the language in Word, and this is printed out and placed in a three-ring binder so that the presenter never gets lost. They read their statements for the most part, but they also connect with their audiences. The printed version of your trial presentation notebook should look a bit like this as you head to trial: As you can see, your demonstrative evidence and real evidence is integrated into your written opening. Also, pauses and reminders to the presenter are included in the text. It's great when a trial lawyer memorizes their opening, but I find this only really works AFTER the entire opening has been written word-for-word in full-text form. I would MUCH rather watch a presenter who is organized and polished who reads than one wings it and stumbles about. I find that after one practices their opening from the written version enough, one cannot help but memorize it. 3. First chair really should not run the presentation. I know you like to be in control. I know you might want to go back and say something. However, if you have practiced enough, none of that will happen, and control doesn’t matter anymore. Hand over the clicker/laptop, and you get to look polished and prepared. Please see Trial Lawyers, Relinquish the Clicker. When you have your trial presentation notebook printed and ready to go, your trial technician (or a colleague) can simply follow along and control the presentation.
Finally. High-quality litigation graphics made an appearance at the impeachment trial. If you are a trial lawyer or you help trial lawyers, this article is a must-read, because it will help you see the future and help you persuade better. I've published three recent articles about the impeachment hearings/trial and the litigation graphics and technology used: 5 Litigation Graphics Lessons from the Impeachment Hearings Who Won the Impeachment Trial Initial Opening Statements? Impeachment Hearings Provide Trial Technology Lessons I thought those three articles would be my last on the subject, and then something impressive happened. Objectively effective litigation graphics were (finally) used on Day 6, and they offer a look into the future for all trial lawyers. The first five days of the impeachment trial left me feeling sad for those rare few of us who are experts in the art and science of litigation graphics. For the most part, the PowerPoints used were better than nothing but fell far short of maximizing persuasion (based on current persuasion science). They looked like what lawyers can create on their own, what you see at most trials, and what you see in most corporate conference rooms. They were ugly and flawed. Again, though, they were better than nothing. When defense counsel presented opening statements on Day 1 of the trial and used no visuals, I was confused. I know the background of some of these lawyers and have worked with some of them. I know they know better. It was disheartening. And then came the opening defense arguments on Day 6, and finally, excellent litigation graphics made an appearance. As I've said before, none of my articles are political in any way. I am only commenting on the quality of the litigation graphics presentations and technology used. I'm leaving the content entirely alone. Nevertheless, I know it's hard to separate the litigation graphics from the messenger if you feel strongly about one side or the other. But, if you are a trial lawyer, you really should be able to separate the two. The litigation graphics used on Day 6 were very good - both from a persuasion science standpoint and from an artistic standpoint. I appreciate the sophistication of them as they now can help me explain what good PowerPoint looks like (without getting into our presentations which are often sensitive or confidential). Let's discuss five key points and briefly discuss what you can learn from them. 1. These litigation graphics were more like a news graphic than a trial graphic. The national news industry is years ahead of most of the legal industry in creating memorable and persuasive graphics. I've written about this in articles like 10 Things Litigators Can Learn From Newscasters and Watch The Weather Channel Use Animation to Persuade.
Today, we are celebrating you - our subscribers - because we have reached a new milestone - 10,000 subscribers to this blog! To celebrate, we are releasing the list below for the very first time - A2L Consulting's Top 100 Articles of All Time. We started this publication in 2011 against my best instincts, and I delight daily in how wrong I was. Now, almost 700 articles later, being named a top blog by the ABA, and after millions of visits to our site and The Litigation Consulting Report blog (free subscription here), I now understand that we filled a significant void. It turns out that those seeking to persuade, inside the courtroom or elsewhere, really did not have an excellent place to go and learn about persuasion science. They certainly don't teach storytelling for persuasion in law school, and the intricacies of demonstrative evidence/visual aids are too much for any one lawyer to master (while trying cases). So, I'm proud that so many have enjoyed these articles about storytelling, voir dire, jury consulting, litigation graphics, trial technology, persuasion, and much much more. These articles are ranked by the number of visits to the article. Some have been read hundreds of thousands of times. I hope you will keep reading our old and new articles, and feel free to share a free subscription with a friend. A2L Consulting's Top 100 Articles of All Time 5 Questions to Ask in Voir Dire . . . Always The Top 14 Testimony Tips for Litigators and Expert Witnesses 10 Ways to Spot Your Jury Foreman Lists of Analogies, Metaphors and Idioms for Lawyers 14 Tips for Delivering a Great Board Meeting Presentation 15 Tips for Great Customer Service from the Restaurant Industry The 50 Best Twitter Accounts to Follow for Lawyers and Litigators The Top 10 TED Talks for Lawyers, Litigators and Litigation Support The Top 5 Qualities of a Good Lawyer 10 Things Every Mock Jury Ever Has Said 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) 15 Fascinating Legal and Litigation Infographics 4 Ways That Juries Award Damages in Civil Cases 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint
I've written two articles recently about the impeachment proceedings, and after publishing each, someone has written to me and accused me of bias. With thousands of people reading these articles, this is to be expected, I suppose. Well, in these two bias accusations, I was accused once by the left and then next by the right. I'm proud of this fact, as this suggests I'm not actually demonstrating bias. In fact, I believe my political beliefs are not relevant in my role as CEO of A2L. We're not a political entity. So, I have to warn you, this article is not political, it is not about the content of the statements the presenters made, and it is also not really about the weight of the evidence on either side of the impeachment trial. It is, however, about who won the first day of trial presentations during the Senate impeachment trial — from a trial presentation best-practices standpoint. On this question, I thought the answer was clear.
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