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.
Explore the most captivating and insightful litigation consulting articles that drew the interest of tens of thousands of readers in 2024. With nearly 1,000 articles on our site covering a wide range of litigation consulting topics, I find it beneficial to occasionally pause and review what our audience is engaging with. These are the top articles, as determined by your readership, in 2024. The Evolution of Litigation Consulting in 2024 The landscape of litigation consulting has undergone significant transformations in 2024. With advancements in technology, this year has seen pivotal changes that have reshaped the industry. Our readers have shown a keen interest in understanding how these developments impact litigation strategies and outcomes. Our articles have covered topics ranging from the integration of AI in legal practices to the increasing importance of storytelling as a persuasion tool. The insights provided by our expert contributors have been invaluable in navigating these changes, making these topics some of the most viewed of the year. The Top 24 Litigation Consulting Report Articles in 2024 21 Secrets From an Opening Statement Guru: Learn the 21 secrets of crafting a winning opening statement in litigation. Discover the importance of storytelling, simplifying your message, and practicing diligently for success. Trial Graphics and PowerPoint: Learn how PowerPoint can be a powerful tool for creating trial graphics in litigation consulting. Discover how it simplifies complex concepts, creates compelling visuals, and enhances persuasive arguments. Find out why PowerPoint is accessible and adaptable for collaboration. Avoid common mistakes and explore expert tips for using PowerPoint effectively in trial presentations. 9 Hidden Skills of Trial Technicians and Hotseaters You Never Knew About: Discover the hidden skills of trial technicians and hotseaters in this insightful post. Learn about their unique abilities beyond technical support in the courtroom.
### Unleashing the Power of Narrative: Introducing "Persuading with Storytelling: A How-To Guide for Trial Attorneys" At Persuadius, we believe that effective communication lies at the heart of every successful trial. As litigation consultants, we constantly seek innovative methods to help trial attorneys connect with jurors and judges and communicate their case narratives more convincingly. That’s why we are thrilled to introduce our latest release, Persuading with Storytelling: A How-To Guide for Trial Attorneys. This indispensable resource dives deep into the art and science of storytelling, offering practical strategies that can transform a good case into a compelling story that resonates. In today's increasingly complex legal landscape, attorneys cannot rely solely on facts, figures, and legalese to win over jurors. Instead, understanding how to craft a persuasive narrative that engages the audience is paramount. Our guide is designed for trial attorneys who recognize the vital importance of storytelling as a tool in the courtroom. Whether you are a seasoned litigator or just starting your journey, this book provides you with the tools necessary to enhance your trial strategy through the power of narrative. Drawing on years of experience in jury consulting, trial graphics, and trial technology, we have distilled the essential elements of storytelling into a practical framework that can be easily applied to any legal case. The lessons covered in this book are grounded in psychological principles and social science research, ensuring that our strategies are intuitive and effective. From understanding the emotional triggers that influence judges and jurors to mastering the structure of a compelling narrative, we guide you through each step of the process. Download now.
This is by far the most important e-book we have ever launched, setting a new standard in the industry with its unparalleled depth and breadth. Spanning an impressive 559 pages, it encompasses nearly everything we know about the art of persuasion through trial graphics and litigation graphics. I am beyond excited to introduce this revolutionary book for 2024. The book is titled Winning With Trial Graphics and Litigation Graphics: A Trial Lawyer's Handbook, and I am thrilled to unveil it to trial attorneys and their support teams. This e-book is an updated edition of our highly acclaimed 2014 version, which has set the benchmark in the industry for the past decade. In this new release, we’ve enriched the content with over 100 fresh articles on trial graphics, litigation graphics, storytelling, and the science of persuasion, making it an invaluable asset for legal professionals. You can download this 559-page book without any obligations by clicking here.
PowerPoint does funny things to people. For some, it is an amazingly accessible creative space to deliver important messages powerfully and persuasively (see Wait, Why is Powerpoint Cool Now). For others, it is a place to advertise how little they know about persuasion science. Think of this article as a fun challenge reminiscent of the games found on cereal boxes from your childhood. Your task: spot the persuasion-killing mistakes on the slide above, then compare them to the ones I've highlighted below. I've already embedded numerous persuasion pitfalls in the text, making it easier for you to identify them. Let's see how many you can uncover and elevate your persuasion game. Hopefully, this slide doesn't resemble your Trial Graphics/Litigation Graphics. If it does, you should contact me or press the request conflicts check button in the corner. In any case, I hope this article helps you and helps elevate the art of persuasion.
I am delighted to announce the release of Persuadius's latest free litigation e-book, Trial Technicians, Hotseaters & Trial Technology 2024, designed for trial attorneys and their support staff. This e-book is a follow-up to the popular 2014 version that has been the industry standard for the past 10 years. We have added over 30 new articles on trial technicians, hotseaters, and trial technology, all included in this latest release. You can download this 153-page book without any obligations by clicking here. This book contains 60 articles carefully selected from Persuadius's extensive collection of posts related to litigation and technology. Each article is relevant to high-tech trials in some way, covering topics such as hiring a hot seater, establishing a good working relationship with them, and effectively utilizing trial technology. The book is filled with valuable tips that will benefit both novice litigators and experienced professionals.
In the high-stakes world of trial presentations, hiring the right trial technician or hot seater can make all the difference in the outcome of your case. These are not usually your Litigation Graphics experts (see Why Trial Tech ≠ Litigation Graphics). Before making this crucial decision, it's important to have 15 key conversations with potential candidates to ensure they have the skills, experience, and demeanor necessary to support your legal team effectively. From discussing their technical expertise and familiarity with courtroom procedures to assessing their ability to handle high-pressure situations and work collaboratively with your attorneys, these conversations are essential in finding the perfect fit for your trial team. By taking the time to thoroughly vet and communicate with potential trial technicians or hot seaters, you can feel confident in your decision and maximize your chances of success in the courtroom. To pinpoint the perfect match for your team, here are 15 key conversations that should be had, presented in no specific order.: 1. Availability: Finding the right trial technician or hot seater can be daunting, with availability often serving as the biggest challenge. The top professionals in this field are typically booked months in advance, making it crucial to plan ahead and secure their services well in advance. When time is of the essence, turning to a reputable firm like Persuadius can be invaluable, as we have a wide network of experienced trial technicians ready to support your legal team at a moment's notice. By tapping into our resources, you can ensure that you have access to a pool of highly skilled professionals who can help you navigate the complexities of trial presentations with confidence and expertise. See Good Luck Finding a (Good) Trial Technician in May or October. 2. Local: Finding a local trial technician is often a top priority for most trial teams — often inexplicably so, as far as I'm concerned. The convenience of having them nearby can be helpful, allowing for seamless communication and collaboration. But for less than the cost of one hour of your time, you can have them in the hotel where your war room is located. While it's important to prioritize skill and expertise over proximity, having a local trial technician can offer added benefits, such as being readily available for on-site support and minimizing logistical challenges. They might also have experience in the courthouse where your trial will be held. Sometimes, they might even know the clerk, which can be truly helpful.
I'm absolutely thrilled to announce the release of Persuadius's latest free litigation e-book, The Opening Statement Toolkit v2. Version 1 (2015) was our most popular ebook of all time, with many litigators telling me, "This is essential reading." You may now download this new book without strings attached by clicking here. In this 271-page book, you will find 80 articles curated from Persuadius's massive collection of posts related to litigation and persuasion. Each article relates to opening statements in some way. From organizing the opening to the use of storytelling techniques to persuade, the book contains an amazing array of tips that will prove valuable to the novice litigator and the veteran alike.
Discover how utilizing litigation graphics can significantly impact the outcome of a trial and captivate the jury's attention. The Power of Visual Communication in the Courtroom In the courtroom, visual communication plays a crucial role in presenting complex information in a clear and compelling manner. By using litigation graphics, attorneys can effectively convey their arguments and evidence to the jury, helping them understand the case more easily. Visuals have a powerful impact on human perception and memory. Studies have shown that juries remember information better when it is presented visually rather than verbally. This makes litigation graphics an essential tool for attorneys to enhance the jury's understanding and retention of key facts and arguments. Additionally, visuals can evoke emotions and create a stronger connection with the audience. By incorporating compelling images, charts, and diagrams, attorneys can engage the jury on a deeper level and make a lasting impression. The power of visual communication in the courtroom cannot be underestimated. Litigation graphics provide attorneys with a powerful tool to convey complex information effectively, enhance understanding and retention, and create a lasting impact on the jury. Types of Litigation Graphics Attorneys can use various types of litigation graphics to support their arguments and present evidence. Some common examples include: - Timelines: Litigation timelines effectively illustrate the chronological sequence of events and highlight key dates and milestones in the case. - Charts and Graphs: Litigation charts and graphs are useful for presenting statistical data, comparisons, and trends. They can make complex information more accessible and understandable for the jury.
I often talk about what not to do, but sometimes, I must remember to mention what you should do to achieve success at trial. In honor of leap year 2024, I have written this article offering 29 tips for successful trial preparation and execution. You can use this list as a checklist to compare yourself to your peers. I did not develop these ideas alone. Instead, they come from my experience working with the best of you over the past 30 years. 1. Conduct a mock trial. The very best litigators always conduct a mock trial when at least $10 million is at stake. Mock trials are a critical part of the Persuadius service offerings. If you want to discuss one, I invite you to email me (ken@persuadius.com) or call me (1-800-847-9330) or, ideally, fill out a client conflict check form by clicking the purple button in the upper right corner of this page. Only three people, including me, see those. 2. Conduct more than one mock trial. The ideal number is three, and that's precisely what I have observed the best trial lawyers do. It's not always affordable, but more than one mock is mandatory for cases with $25 million or more at stake. The only thing that varies is the investment in each mock trial. If $100 million or more is at stake, every mock should have every investment possible (i.e., a proper mock facility, a two-day or three-day mock, live witnesses, opening and closing statements, etc.). 3. Collaborate with litigation consultants who bring experience and insights to trial preparation. With a track record of handling hundreds of trials, we have witnessed exceptional and lackluster attorney performances. We aim to share valuable knowledge and advice, not lecture or boast about expertise. Drawing on the collective wisdom of countless cases, we strive to support you in crafting a solid and effective trial strategy. Litigation consultants can be exceptionally helpful when developing your opening statement. 4. Build a solid opening statement. In 30 years, I haven't seen anything to convince me that the opening statement is not the most essential part of the case. Some studies say that 80% of jurors make a decision about who will win after hearing opening statements. When done correctly, it should take months to develop an opening. It should be tested many times in whatever way your client can afford. We've written extensively about this. This topic is wonderfully covered in our opening statement toolkit ebook. See The Opening Statement Toolkit.
Discover the top blunders that litigators make in their trial presentations and learn how to avoid them for a successful outcome. 1. Overloading slides with text and information One common mistake that litigators make in presentations is overloading slides with too much text and information. This can overwhelm the judge and jury and make it difficult for them to focus on key points. It's important to keep slides concise and use visuals to support the content. Additionally, overcrowded slides can detract from the overall visual appeal of the presentation. See 12 Ways to Eliminate "But I Need Everything On That PowerPoint Slide" and How Much Text on a PowerPoint Slide is Too Much? 2. Ignoring the importance of visual appeal Visual appeal plays a crucial role in capturing the audience's attention and conveying information effectively. Ignoring this aspect can result in a dull and unengaging presentation. Litigators should strive to use high-quality visuals, relevant images, and effective design elements to enhance the overall appeal of their slides. Remember, a visually appealing presentation can leave a lasting impression on the audience. See Trial Graphics Dilemma: Why Can't I Make My Own Slides? (Says Lawyer) and Do Professionally Designed PowerPoint Slides Get Better Results?
I have the privilege of working with some of the most skilled trial lawyers in the country. They are an impressive group, possessing extensive knowledge of the law, unwavering work ethic, and expertise in the courtroom. In addition, they have an intangible charisma that allows them to command a room the moment they enter. Great trial lawyers can establish a magnetic rapport with judges and jurors that is awe-inspiring and hard to explain. As a trial consultant, we should observe this connection and let it propel us to victory. Because of this natural charisma, many top trial lawyers worry that when they use PowerPoint slides to supplement their opening statements, judges and jurors may lose the personal connection they have worked their whole lives to learn. They point out, or I observe, that judges' and jurors' attention is often still fixed on the screen, even if they want to move on to the point not included in the slides. Should the jurors continue focusing on the screen or shift their attention to the lawyer? I know what we want them to do, and all too often, they do the opposite. This is no trivial concern. There is something called the split attention effect, where audiences need help figuring out where to look and end up not remembering anything. There's also a closely related redundancy effect describing when lawyers show and read text. Again, the audiences remember less than they would have had you shown or read the text. You are not alone if you do this. I counsel on this topic very often.
PROS: PowerPoint is a versatile tool that many lawyers use for creating trial graphics. It can be used to create visual aids that can help present arguments in a clear and concise way. While there are many tools available for creating trial graphics, PowerPoint is a popular choice due to its ease of use, flexibility, and accessibility. Using PowerPoint for trial graphics can help simplify complex concepts and make arguments more compelling. For instance, you can use PowerPoint to create timelines, charts, graphs, and other visuals that can help illustrate key points. This is particularly important in cases where multiple parties, complex facts, or technical details need to be presented to the jury.
As a litigator, it can be challenging to keep a jury engaged and interested in a trial that may seem dull or monotonous. However, there are several ways to make a boring trial more interesting and compelling. In this article, we will discuss ten effective strategies that can help a litigator keep a jury engaged and make a boring trial more interesting. 1. Start with a strong opening statement The opening statement is the litigator's first opportunity to capture the attention of the jury. It should be concise, clear, and engaging, providing a roadmap for the trial and how the evidence will be presented. A powerful opening statement can evoke emotion and build a connection between the jury and the litigator, setting the stage for a compelling trial. See the free Opening Statement Toolkit. 2. Use visuals to illustrate key points Litigation Graphics such as charts, diagrams, and animations can effectively convey complex information in a more digestible format. By using visuals to illustrate key points, a litigator can enhance understanding and make their arguments more compelling. Visuals also help break up the monotony of long testimonies, keeping the jury engaged and focused. 3. Tell a story Humans are naturally drawn to stories, and a litigator can leverage this by weaving a compelling narrative throughout the trial. By connecting the evidence to a relatable and emotionally engaging story, a litigator can make the case more memorable and help the jury understand complex legal concepts and arguments.
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