by Ken Lopez Founder & CEO A2L Consulting
by Ken Lopez Founder & CEO A2L Consulting
by Ryan H. Flax (Former) Managing Director, Litigation Consulting A2L Consulting
by Ken Lopez Founder & CEO A2L Consulting
By Ken Lopez Founder & CEO 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.
By: Ryan H. Flax (Former) Managing Director, Litigation Consulting A2L Consulting
By Ryan H. Flax (Former) Managing Director, Litigation Consulting A2L Consulting
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.
We have discussed many situations in which a large company faces a court challenge from a smaller company, from the government, or from a class of consumers or purchasers. Sometimes, those situations will be “David v. Goliath” cases, in which the large company, usually the defendant, must step carefully during the trial to avoid being cast as the “heavy” with all the legal and other resources. Jurors sometimes don’t look favorably on a big company.
A recent study about the best use of litigation graphics during trial reveals some new insights. This study was conducted by Persuasion Strategies, a litigation consulting firm that is part of Holland & Hart, a law firm. The study team was led by Ken Broda-Bahm, a leader in the art of visual presentation in the courtroom. With a doctorate in speech communication that emphasizes rhetoric and legal communication, Dr. Broda-Bahm is a genuine expert in jury consulting.
by Ken Lopez The task of a trial lawyer is to convince a judge or jury to believe in the truth of a client’s case. However, in many complex trials, the underlying facts are not as easily understood by the fact-finder as they would be in, say, a murder case or a traffic accident. A case, especially the type of litigation that we are involved in, often turns on complex issues of science, medicine, engineering, or some other subject that jurors and many judges are not well versed in.
by Ken Lopez In the courtroom, the attorney who has the best chance of winning a case is generally the one who is the best storyteller. The trial lawyer who makes the audience care, who is believable, who most clearly explains the case, who develops compelling narrative and who communicates the facts in the most memorable way builds trust and credibility.
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