The Litigation Consulting Report

by Tony B. Klapper Managing Director, Litigation Consulting & General Counsel A2L Consulting I’ve recently joined the litigation consulting team at A2L as its Managing Director. This means that I will be working closely with top litigators to help them craft persuasive themes and stories, assist in the testing of a case during a mock trial exercise, and develop powerful demonstrative exhibits. In my 20+ years working at Kirkland & Ellis and then Reed Smith, I have participated in many trials, arbitrations, evidentiary hearings, mediations, and board presentations. Almost without fail, I have been the attorney responsible for coordinating and developing the litigation graphics for these events. That did not mean putting mouse to screen in a graphics program or PowerPoint. Instead, I would put pencil to paper and sketch out a great idea that someone else transformed into a powerful litigation graphic. It is work that I have always been passionate about. As I transition from working on graphics two or three times a year to developing them every week, I want to take a moment to reflect on what I’ve observed about trial graphics as a litigation partner at two major law firms. Janus-like slides. Janus is the Roman god of gates and doorways. He is depicted as having two faces and typically represents beginnings and endings or contrasting experiences, such as war and peace. Although not one of your sexier Roman gods – clearly no Jupiter or Venus – Janus does inspire some effective litigation graphics: A split-screen slide that reflects a cause on the left and an effect on the right, or a representation or claim on the left and visual proof that the representation or claim is false on the right. A single, simple split-screen slide can instantaneously convey a powerful message without resorting to a series of dull, ineffective bullet-point assertions. The Timeline. Effective stories are not simply recitations of chronological events. But “when” something happens and how that something relates to “when” something else happens is almost always a central feature in litigation and part of a good story. Stories have beginnings, middles and endings. They transport us through a maze of actors and activities, all anchored in time. Instead of vertically listing from top to bottom a series of events -- as many fond of the easel and flip chart will do -- a well-crafted and visually appealing timeline allows you to elegantly develop your narrative in linear fashion. But it’s not just the narrative. A timeline that is chock full of entries may tell a completely different story than one with wide gaps of time, even without needing to read the fine print.

by Ken Lopez Founder/CEO A2L Consulting I am very proud of A2L Consulting's role in the creation of the job title "litigation consultant." Over the years, this position has evolved somewhat, but it remains substantially similar to the way we designed it in the mid-1990s. Back then, it was my full-time job. Today, I still get a chance to do parts of it now and then, and after 20 years, I believe it's the best job in litigation. The role of a litigation consultant is to work with trial teams and help them develop the best visual and rhetorical strategies for persuading factfinders at trial, ADR, or in any dispute. In the 1990s, no one but the attorney-consultants at A2L called themselves litigation consultants and few if any firms offered a similar service. Now, litigation consultants are generally litigators themselves often hailing from a large law firm. They spend most of their time directing the development of persuasive PowerPoint presentations, working with jury consultants in mock trials, and helping top litigators more effectively tell their stories at trial. As we've written before, this role is becoming increasingly important in the litigation industry where even top litigators make it to trial only once every few years. By contrast, a litigation consultant may see the inside of a courtroom dozens of times or more per year. If you love litigation like I do, this is the best job in the world. Here are nine reasons why I think this is so. Trial. Let's be honest, the best part of litigation is not the endless years of paper pushing in advance of trial, it's the theater of preparing for and performing at trial. A litigation consultant skips all of the pre-trial tedium and gets to engage in all the best parts of litigation. See, 11 Things Your Colleagues Pay Litigation Consultants to Do.

by Ken Lopez Founder/CEO A2L Consulting Nearly 200,000 visits were made to A2L Consulting's Litigation Consulting Report Blog in 2015. With every page view, our readers express their opinion of the value of each article. Those that are the most valuable get the most page views. Today, I'm happy to share the very best articles of 2015 as chosen by our readers' reading habits. This year, we posted 90 new articles, and that brings our total blog library to nearly 500 articles. If you are involved in litigation or have to persuade a skeptical audience of anything, these articles are an incredibly valuable resource that are available at absolutely no charge. As we approach our five-year anniversary of this blog, I am very proud of our accomplishments. I'm excited to report that we now have 7,800 subscribers, some articles have been viewed more than 30,000 times, and the ABA named ours one of the top blogs in the legal industry. Not bad for our first five years. In 2015, these 15 articles below stood out as the very top articles of 2015. Articles focused on PowerPoint, litigation graphics, persuasion, and voir dire continue to dominate our readers' interest. Each of these articles can be easily tweeted or shared on Linkedin using the buttons below the article title. All are free to enjoy. I wish you the very best 2016, and here is a link to claim a free subscription so that you get notified when these articles are published. 15. How to Make PowerPoint Trial Timelines Feel More Like a Long Document 14. A Surprising New Reason to Repeat Yourself at Trial 13. Lawyer Delivers Excellent PowerPoint Presentation 12. With So Few Trials, Where Do You Find Trial Experience Now? 11. 5 Ways to Maximize Persuasion During Opening Statements - Part 1 10. How to Apply Cialdini's 6 Principles of Persuasion in the Courtroom 9. 9 Things In-House Counsel Say About Outside Litigation Counsel 8. Repelling the Reptile Trial Strategy - Pt 4 - 7 Reasons the Tactic Still Works 7. 10 Ways to Lose Voir Dire 6. Repelling the Reptile Strategy - Part 3 - Understanding the Bad Science 5. How Much Text on a PowerPoint Slide is Too Much? 4. Repelling the Reptile Trial Strategy - Part 5 - 12 Ways to Kill the Reptile 3. Repelling the Reptile Trial Strategy - Pt 2 - 10 Ways to Spot the Reptile 2. Repelling the Reptile Trial Strategy as Defense Counsel - Part 1 1. Why the Color of a Dress Matters to Litigators and Litigation Graphics

by Ken Lopez Founder/CEO A2L Consulting The title of this article shouldn't sound like a breaking news headline, but let's be honest, it does. Most PowerPoint presentations are bullet-point-riddled text-heavy electronic projections of a speaker's notes. Most lawyer-delivered PowerPoint presentations are the same — just with even more text and smaller fonts. As a result, a significant majority of speakers (and lawyers) using PowerPoint presentations are hard to understand and dramatically less persuasive than they could be. There are exceptions of course. The kinds of litigators and others who become clients of A2L Consulting's litigation graphics division are the first exceptions. They typically learn the rules of effective presentation and high-level visual persuasion based on well-established neuroscience principles and rigorous psychological studies. The second exception is Lawrence Lessig, a Harvard law professor. I had the pleasure of seeing him deliver a presentation at TEDx MidAtlantic recently. Whether or not one agrees with his message, almost everyone can learn a lot from his presentation style and the methods he used to achieve visual persuasion. Here is a video of that presentation:

by Ken Lopez Founder/CEO A2L Consulting Today is the 20th anniversary of the founding of A2L. We literally started in a closet not long after I finished law school. First, we were Animators at Law. Then almost five years ago, we became A2L Consulting to reflect the fact that litigation graphics were now less than half of our business. Jury consulting, trial technology support and litigation advisory services are now a bigger part of what we do. Twenty years later, we're a national litigation consulting firm and arguably, the very top litigation consulting firm in the country. That's not mere puffery. We're consistently voted #1 in local and national legal industry surveys. To celebrate our 20th, here are 20 new realities that litigators, in-house counsel and litigation support professionals should consider. 1. The New CLE: It is a rare CLE seminar that does not put us all to sleep. I think that modern formats of continued learning like our Litigation Consulting Report blog and other litigation blogs, including those recognized by the American Bar Association, are the best places to go for continued learning. It’s time for the legal establishment to agree. 2. The power of storytelling: The science behind the effectiveness of storytelling as a persuasion device is just now coming into view. It is critical for litigators to study this field and to understand the insights it has developed. See, Storytelling for Litigators E-Book 3rd Ed. 3. Big firm litigators rarely try cases: As a result of this new reality, litigators must get a new kind of help - help from trial tested litigation consultants. These courtroom experts may participate in 50-100 trials per year. It just stands to reason that they can help a litigator who is in court far less frequently. See, With So Few Trials, Where Do You Find Trial Experience Now? 4. Using PowerPoint incorrectly does more harm than good. Most lawyers will actually design slides for themselves that will reduce overall persuasion - but they don't have to. See, How Much Text on a PowerPoint Slide is Too Much? 5. Juror expectations are on the rise: Jurors expect litigators to wow them a bit with graphics and to keep them interested. They know what can be done in the form of graphics and at a lower price than ever before. See, Will Being Folksy and Low-Tech Help You Win a Case?

Lawyers love words. Lawyers love words on slides - tons of words on slides. Some lawyers think that the more words they use on a PowerPoint litigation graphic, the better. They are wrong. Actually, using too many words on a slide will dramatically damage your effectiveness. This damage is not aesthetic in nature. This is not about your look and feel. It is scientifically proven damage that affects how well you inform and persuade your audience. Indeed, it can be said the higher your slide's word count, the lower your persuasiveness.