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
A fascinating new study in the field of social psychology indicates that the type font in which an argument is presented has an effect on how convincing it is. For trial graphics consultants and litigators alike, this is potentially very big news.
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.
For any trial lawyer, writing an opening or closing statement is one of the best parts of a trial. It lets us use our writing skills, speaking skills, and persuasion skills like no other moment of trial. I happen to believe that the opening statement is the single most important part of a trial.
Forty-five states may have mandatory continuing legal education (CLE) requirements for attorneys – but all litigators and litigation support staff, wherever they are located, have a duty to stay informed and maintain their skills. Whether you are a first chair litigator or a litigation paralegal, given the pace of change in trial technology and trial strategy, it can be a challenge just to keep up with the latest trends.
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.
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.
Have you ever seen the President of the United States give a PowerPoint presentation? Probably not. But he's actually quite good at it, as you will see below.
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.
by Ken Lopez Trials are structured in familar segments – opening statements, direct examination, cross-examination and closing arguments. Of those events, I believe that opening statements deserve more emphasis than any other portion of the case.
by Ken Lopez As litigation consultants, jury consultants, trial technology consultants and litigation graphics consultants, we have the opportunity to share our decades of experience in over 10,000 cases, working with litigators from all major law firms, with our litigation clients every day. Clearly, this is a valuable service, and I believe great litigators become better litigators for having worked with our firm.
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