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."
by Ryan H. Flax, Esq. (Former) Managing Director, Litigation Consulting A2L Consulting
Stealing thunder in a courtroom can be a powerful strategy to gain an advantage over your opponent. It involves taking control of the narrative by revealing information that your opponent was planning to use against you, before they have the chance to do so. This tactic can shift the focus away from your weaknesses and instead highlight your strengths, leaving your opponent scrambling to come up with a new approach.
Keeping a clear and concise line of communication is essential for any successful interaction, whether it’s between client and lawyer, or between individuals in their everyday lives. However, the nature of communication between lawyers and their clients is quite different from other forms of communication. In this blog post, we’ll explore the differences between lawyer communications and the type of communication you might encounter elsewhere.
Voir dire, or "jury selection," is a crucial part of any trial. It's the process by which potential jurors are questioned and selected for a trial. Effective voir dire can make all the difference in the outcome of a case. Here are 10 tips for successful voir dire that will help you select the right jury for your case.
One of the most significant benefits of participating in a mock trial is the opportunity to develop critical thinking skills. While the legal process can be complex and overwhelming, a mock trial allows you to dissect and analyze the arguments presented by both sides. By critically evaluating the evidence and reasoning presented, you can enhance your ability to think logically and make sound judgments.
When it comes to trial, the outcome can often hinge on the emotional response of the jury. While presenting cold, hard facts and evidence is crucial, it is equally important to connect with the jury on an emotional level. Emotions are powerful, and they can sway the jury's perception of the case. Therefore, learning how to emotionally move your jury can be a game-changer in a trial. In this blog post, we will discuss several tips and tricks to help you connect with your jury and evoke the desired emotional response.
High-caliber newscasters are an interesting group. They inform, they teach and they persuade us. They use visuals in a way that complements what they are saying quite seamlessly. Their attire is impeccable, they look the part, and their delivery feels more like a conversation than a lecture. Somehow, they confidentially speak to an audience who can't talk back to them, and yet they manage to build a relationship with that audience.
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