by Ken Lopez Founder/CEO A2L Consulting Anyone who puts together a team to represent a client in a high-stakes piece of litigation is engaging in an act of leadership. To be successful, such a litigation team needs to blend the skills of an outside set of trial lawyers from a law firm, large or small; in-house corporate counsel; the leadership of the client company, which will want to keep close tabs on high-stakes litigation; a wide variety of paralegals, assistants and other key nonlawyer personnel; and, in all probability, a trial consulting company such as A2L. Today we are releasing the fourth edition of a new and free eBook on leadership for lawyers that can be downloaded here. I hope that it will be useful to legal industry leaders, whether running a trial team, a practice group, or an entire law firm.
by Ken Lopez Founder/CEO A2L Consulting Last week, I wrote about a new book that proposes a variety of life, body, and brain hacks to make us more persuasive. That book is written by Amy Cuddy, one of the top TED speakers of all time. I think the lessons she teaches are incredibly valuable for litigators looking to maximize persuasiveness during their opening statements. So, you might ask, what makes a good TED Talk a great one? After all, some TED Talks have tens of millions of views, while others on equally interesting topics have far fewer views. I am a big fan of TED Talks, and I have highlighted some aspects of them in previous articles such as The Top 10 TED Talks for Lawyers, Litigators and Litigation Support and The Top 14 TED Talks for Lawyers and Litigators 2014. If you happen not to know what TED Talks are, they are simply short talks, generally combined with some visual support, that are sponsored by TED, a nonprofit foundation. TED Talks have become the gold standard for thoughtful, innovative presentations to lay people in many areas of endeavor. Last year, Vanessa Van Edwards, an expert on presentations and on human behavior, studied what makes a great TED Talk, and the results are a mix of fascinating and frightening for most people. I say frightening since many of these results fly in the face of the conventional wisdom. Of course, as someone who lives and breathes trial presentations, I have a bit of an agenda here. I think that each of the lessons that Van Edwards gleaned from the elements of a great TED Talk are perfectly analogous to great lessons for how lawyers should make an opening statement. So, here are her five key findings:
by Ken Lopez Founder/CEO A2L Consulting The importance of developing a strong narrative in your case is well-established by science and by what we have all observed in the actions of jurors in real cases. In spite of the law that may be against you, in spite of the facts that may be against you, a high-quality narrative can win a case. We've written about this extensively and articles like Storytelling Proven to be Scientifically More Persuasive, 5 Essential Elements of Storytelling and Persuasion, and $300 Million of Litigation Consulting and Storytelling Validation provide a good background on the power of story, whether in a case tried to a jury or to a judge. Great litigators don't push back on the need for story anymore. Indeed, they arrive at our doors in quest of ways to fine-tune their narrative and make it more convincing. We help them by testing any number of possible approaches, by conducting practice opening statements, and by developing a persuasive visual presentation for the litigators. One bit of pushback that we do continue to hear is about injecting emotion into a case. Particularly from defense-side clients, we hear that all that’s needed and appropriate is a narrative – but that in this particular case, the narrative need not be compelling and emotional.
by Ken Lopez Founder/CEO A2L Consulting I wrote about Harvard psychologist Amy Cuddy's body language TED Talk in 2012. Her findings about how striking a power pose can measurably affect your persuasiveness are as relevant for litigators today as they were four years ago. Professor Cuddy has released a new book called Presence, and it is filled with an even greater wealth of useful information for litigators. She goes into detail about what one can do to prepare for a high-pressure situation like a job interview, a competitive swim meet, or a venture capital pitch - all situations similar enough to an opening statement that we can safely assume the same advice applies. When one is delivering as their best self, they are said to be exhibiting "presence." She says that presence is most clear to others when "we feel personally powerful, which allows us to be acutely attuned to our most sincere selves." In other words, when we believe in our message and believe in ourselves, we are in fact scientifically more believable to others - and there are ways to hack your own brain, like the power pose, to make these findings work for anyone. Make no mistake, presence is not about feigning confidence or passion. Instead, exhibiting presence is more like being in sync with your true self. For these techniques to work and for you to maximize your persuasiveness in the courtroom, you really must authentically believe in yourself. But how? Her suggestions for achieving presence are not conjecture. Cuddy roots her advice in solid science and rigorous study. For example, one study involved analyzing videos of 185 pitches to venture capitalists. In this setting, much like the courtroom, there is a clear winner and loser. Key behaviors (all sub-elements of presence) of all the presenters were assessed and compared with those who were successful in getting venture capital funding. The results are fascinating. Four factors clearly dominated all others in determining who got funding:
Mock trials are an essential part of the legal profession, allowing attorneys and legal professionals to test their theories, refine their arguments, and gain valuable insights into how jurors might react to the facts of a case. However, one common challenge that many encounter during these mock trials is the issue of jurors falling asleep. Not only can this be frustrating, but it can also impact the effectiveness and accuracy of the trial. So, what can be done to handle mock jurors who fall asleep during these critical practice sessions?
In today's fast-paced world, capturing and maintaining the attention of a millennial jury can be a daunting task for trial lawyers. With their constant exposure to various forms of media and information overload, keeping millennials engaged requires a strategic approach. In this blog post, we will delve deeper into each tip to help trial lawyers effectively engage millennial jurors and present their case persuasively.
The Dunning-Kruger Effect is a fascinating cognitive bias that can have significant implications for the justice system, particularly when it comes to juries. This effect refers to the tendency of individuals to overestimate their own abilities and knowledge in a particular area, leading them to believe that they are more competent than they actually are.
Cognitive biases are a natural part of being human, and jurors are not exempt from these biases when serving in a court of law. The impact of these biases on how jurors receive and interpret expert testimony cannot be underestimated, as it can ultimately shape the outcome of a trial.
As the largest and most diverse generation in American history, millennials are having a significant impact on many aspects of society, including the legal system. One area where this impact is particularly noticeable is in the jury pool. As more and more millennials enter the pool of potential jurors, they are bringing with them a unique set of experiences, values, and attitudes that can influence the outcome of trials and the way that juries function.
Jury selection is a critical part of the legal process, and the jury summons form plays a significant role in this process. While many may overlook this form, it actually holds valuable information that can greatly influence the outcome of a trial.
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
In today's rapidly evolving society, the composition of juries is constantly changing, mirroring the shifts in social dynamics. The advent of social media and its pervasive influence on our daily lives has brought about significant transformations in both jury selection and the conduct of voir dire.
by Lorraine Kestle Graphic Designer A2L Consulting The age-old adage that there are two sides (at least) to every story is clearly evident in litigation. Both parties believe that the applicable law, when applied to the facts, supports their position, or they likely would not be going to court. The parties and the lawyers are familiar with the facts and the law. Everyone fully understands the nuances of their position. Everyone, that is, but the judge and jury who are hearing the case for the first time. It is these “novices to the case” who will ultimately decide which version of the facts or story is most persuasive. For one day, I was a “novice to the case” in the courtroom as I helped our trial technician set up for a PowerPoint presentation in court. I observed both sides’ opening statements as well as the direct and cross-examinations. Although I have been in the courtroom on numerous occasions, I had no prior knowledge of the substance of this matter and did not work on this presentation. Our client, the plaintiff in this case, delivered an opening statement that was enhanced with a PowerPoint presentation, while opposing counsel relied on typed or handwritten notes and an easel with a large paper tablet. After observing both approaches, I came away with what I think are interesting conclusions about the effect that the PowerPoint presentation had on my understanding of the case, the attorney’s arguments, and my initial impression of liability. 1. An Increased Perception Of Preparation, Competence And Persuasion As a former paralegal, I know that preparation is one of the keys to success in litigation. And while I believe both sides were equally prepared, this was not the impression created in the courtroom by defendant’s counsel. What set the opening statements apart was the PowerPoint presentation used by our client. It served as a baseline of comparison for what followed.
As someone who has participated in countless mock trials, I can attest to the fact that it can be an incredibly stressful and overwhelming experience. From preparing your arguments to presenting them in front of a panel of jurors or judges, there are a lot of moving parts to keep track of.
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