The Litigation Consulting Report

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Some lawyers know what a trial presentation company does. Other lawyers do not—not really. For those that do not, they hire a trial presentation firm because trial is coming, the exhibits are a mess, and someone needs to run the screen so the lead lawyer can focus on questioning witnesses instead of fumbling with a clicker. That’s the whole need, right? Not exactly. Some trial presentation companies are truly litigation consulting companies—and some are simply exhibit operators with good equipment and a clean suit. There’s nothing wrong with the latter, as far as it goes. But Persuadius was built for something deeper: lawyers and Ph.D.’s who can help you design persuasive trial graphics, sharpen themes, test jury reaction, and run the courtroom presentation as part of a strategy, not as a technical function.

A Year-End Retrospective Based on Reader Viewership What Persuasion Looked Like in 2025 Every year, certain ideas quietly rise to the top—not because they’re trendy, but because they work. In 2025, Persuadius readers gravitated toward articles that challenged conventional trial habits: over-reliance on logic, cluttered visuals, bullet-point thinking, and storytelling that tells instead of shows. The most-read pieces this year shared a common theme: persuasion is less about adding more information and more about shaping how jurors understand what matters. Below is our list of the 15 most-read Persuadius articles of 2025, ranked by reader viewership. Together, they offer a revealing snapshot of what litigators are rethinking—and refining—about storytelling, jury persuasion, trial graphics, and courtroom strategy. 🔝 The Top 15 Most-Read Persuadius Articles of 2025 1. The Paradox of Persuasion: Why Logic Often Fails in the Courtroom This article explores why purely logical arguments frequently fall flat with jurors, despite lawyers’ instinct to “prove” their case rationally. Drawing on cognitive science and real-world trial experience, it explains how persuasion is more often driven by meaning, emotion, and narrative coherence than by facts alone. 2. 5 Alternatives to Persuasion-Killing Bullet Points A direct challenge to one of trial lawyers’ most ingrained habits, this piece shows how bullet points dilute persuasion and fragment juror understanding. It offers five concrete visual and narrative alternatives that communicate ideas more clearly and memorably in the courtroom.

In high-stakes litigation, a great trial graphic doesn’t merely “support” the narrative — it is the narrative. It is the difference between jurors leaning in or tuning out, between a judge following your logic or silently asking themselves, What is counsel even trying to say? After more than thirty years of building litigation graphics for some of the most sophisticated trial teams in the country, I’ve noticed a pattern: the teams who win consistently follow the same three core rules, whether consciously or not. Conversely, the teams who struggle with persuading lay decision-makers tend to violate these rules — sometimes subtly, sometimes flagrantly. These rules are not aesthetic preferences. They are grounded in cognitive psychology, attention span research, and the simple reality that most jurors don’t think the way lawyers do. Here are the three rules: Every litigation graphic should be understandable without explanation, and each should convey only one short sentence of meaning. Never — not once — read the long-form text on a litigation graphic.

Science tells us that when persuading with words, pictures can make us many times more persuasive. Half of our business is rooted in this basic truth. But I believe there’s a way to go further and be even more persuasive. It’s something I call Persuasion Pairing. What Is Persuasion Pairing? By Persuasion Pairing, I mean carefully and cleverly combining a short phrase or word with a reinforcing picture or other sensory element. It’s more than just a visual metaphor. Done well, it’s like a supercharged persuasive tool—a verbal hook plus a visual anchor that makes a message unforgettable. Consider a scene from Molly’s Game, a true story of a competitive skier turned celebrity poker game matriarch, masterfully acted by Jessica Chastain. At one point, the skiing course is described as being “like skiing down the side of one of the great pyramids.” That line instantly paints a picture: steep, intimidating, and unforgettable. Years later, I’ve never forgotten it. That’s Persuasion Pairing in action. Here's the 10-second clip from the movie below.

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I've written extensively about what you should do when using storytelling techniques in the courtroom to persuade. I've even released a free book and free webinar on the topic. But I don't think I've ever really talked about the mistakes one can make—most of which I've seen (from opponents). Legal storytelling is both an art and a technique that can be incredibly effective. However, it's easy to make mistakes that can undermine your narrative. This blog will walk you through twelve common legal storytelling pitfalls and how to avoid them. 1. Neglecting a Clear Structure A strong structure is the backbone of compelling legal storytelling. Without it, your legal narrative can become confusing and aimless. Ensure your story has a clear beginning, middle, and end that hopefully includes a good guy, overcoming some huge hurdle, and a clear bad guy. A well-structured narrative guides your audience through the complexities of the case, breaking it down into digestible parts. This segmentation also aids in highlighting key points and building a logical argument. It's the difference between a tangled maze of information and a clear, scenic route that leads to persuasion. Structure not only makes your story consumable but also reinforces its persuasive power. 2. Overloading with Jargon Legal jargon can detach your audience from your story. Simplifying complex terms is essential for maintaining clarity and accessibility for your audience. While using technical language to demonstrate expertise is tempting, it often alienates the very people you're attempting to persuade. Legal storytelling is about connection, and that connection is built on understanding. When judges and jurors can easily comprehend the narrative, they are more inclined to trust the storyteller and the message being delivered. 3. Forgetting the Audience Understanding your audience is vital. Tailor your language, examples, and tone to resonate with those you're addressing, ensuring your story holds their attention. Knowing your audience includes recognizing their values, beliefs, and what piques their interest. It transforms your legal storytelling from a one-size-fits-all approach to a personalized engagement, making your argument more compelling.

Introduction: The Illusion of Rational Minds Ask most people—especially smart professionals—how they form opinions, and you’ll get some version of the same story: "I look at the facts. I weigh the evidence. I follow the logic." But here’s the problem: neuroscience, psychology, and real-world experience say otherwise.

In legal proceedings, trial graphics are crucial for conveying information effectively while persuading the audience. They serve as a bridge connecting complex legal data with clear, engaging visual presentations.

Bullet points undermine persuasion. Scientific evidence supports this, and my colleagues and I have consistently emphasized this over the past 15 years in this blog through articles such as: 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) The 12 Worst PowerPoint Mistakes Litigators Make Don't Use PowerPoint as a Crutch in Trial or Anywhere Why Reading Your Litigation PowerPoint Slides Hurts Jurors 5 Ways to Maximize Persuasion During Opening Statements - Part 4 12 Ways to SUCCESSFULLY Combine Oral and Visual Presentations Powerful PowerPoint Presentation Tips: Ditch the Bullet Points! Still Think Persuasion is About Talking While Showing Bullet Points? How Many Persuasion Errors Can You Spot in This Slide? 11 Lessons Trial Lawyers Can Learn From Jay Z's Lawyer Video Presentation But wait, Ken, you just used bullet points in the opening paragraph of this article!!! Yes, I did. Quite purposefully. I want you to imagine reading that same list while I'm reading it to you almost simultaneously, but not perfectly synched with your reading. Are you imagining trying to read faster than I was speaking? That's common—judges and jurors (or any audience) often try to outpace the speaker. You might have felt tempted to ignore what I'm saying and just focus on reading. Or, you might think, "I'm smart and can multitask by listening and reading simultaneously." Maybe so, but wouldn't it be better to choose either to read or to listen? This isn't about competing; it's about persuading effectively. The issue here concerns trial lawyers who utilize bullet points on PowerPoint slides. You're familiar with the scenario. They glance at their slide as you read it, and then they read the bullet point aloud to you. This isn't a one-time occurrence. They might repeat this process hundreds of times throughout a single trial.