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.
As the United States gears up for another presidential election day, the political landscape is influencing voters and the foundations of the justice system. The dynamics of a high-stakes election can seep into courtrooms, affecting jury perceptions and potentially influencing verdicts. This blog post explores the intricate relationship between presidential races and the functioning of juries, examining how political ideologies, media narratives, and public sentiment can shape the decisions of those tasked with delivering justice. Political Polarization and Jury Dynamics In recent years, the U.S. has witnessed increasing political polarization, with citizens becoming more entrenched in their beliefs and less willing to entertain opposing viewpoints. This polarization extends to juries, where jurors' political beliefs can influence their perceptions of cases, particularly those involving contentious social issues. For instance, cases related to police conduct, civil rights, and public health can take on heightened significance in an election year, as jurors may view them through the lens of their political affiliations. Research has shown jurors with strong political beliefs may be more likely to empathize with defendants or plaintiffs who align with their views. For example, during a presidential election, when issues of immigration are front and center, a juror who holds strong anti-immigration sentiments may be less sympathetic to an undocumented defendant facing charges. Conversely, a juror who champions immigrant rights may exhibit bias in favor of the defendant. This phenomenon underscores the need for careful jury selection.
From its inception in 1995 to its multifaceted role today, litigation consulting has revolutionized the field of legal practice. I believe I was the first to use the term (at Animators at Law, predecessor to A2L Consulting, predecessor to Persuadius), but I can't prove that.
Storytelling, an age-old art form, has the remarkable ability to breathe life into dull legal cases, turning them into compelling and unforgettable stories. While you may not be able to physically illustrate a scene for the jury, you can certainly paint a vivid mental picture—and you absolutely should if you aim to enhance your powers of persuasion. The Power of Narrative in Legal Contexts Crafting a compelling narrative in legal arguments requires meticulous attention to detail that goes beyond simply presenting facts and evidence. It involves skillfully weaving together a storyline that captivates the audience, leading them on a journey through the complexities of the case. This entails setting the scene with a clear beginning and delving into the nuances of conflicts and challenges that arise, building tension and intrigue along the way.
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.
If you’ve been following our blog for a while, you may have let some amazing posts slip under your radar. With over 12 years of blog posts and an impressive 850 entries, it’s easy to miss a few hidden gems. That’s why we’ve compiled this curated list of captivating blog posts that deserve recognition.
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.
As a trial attorney, your opening statement is one of the most crucial parts of your case. We wrote a book about opening statements and offered webinars about opening statements. The opening statement sets the tone for the entire trial and can make or break your case. That's why it's so important to get it right. One way to ensure that your opening statement is effective is to enlist the help of a trial consultant. Here are 10 reasons why you should ask your trial consultant to write a draft, maybe only the first draft, of your opening statement. 1. Experience Trial consultants have years of experience working on cases just like yours. They know what works and what doesn't when it comes to opening statements. By tapping into their expertise, you can be sure that your opening statement will be effective. 2. Fresh Perspective Sometimes, as an attorney, you can get too close to the case. You've been working on it for weeks, if not months, and it can be hard to see the forest for the trees. A trial consultant can bring a fresh perspective to your case and help you see it in a new light.
As a trial lawyer, your main goal is to persuade the judge or jury that your client’s side of the story is the most compelling one. One of the most effective ways to do this is through trial graphics. These visual aids can help you convey complex information in a way that is easy to understand and memorable. In this article, we’ll explore the science of storytelling and how trial graphics can help you tell a compelling narrative. The Power of Storytelling Humans have been telling stories for thousands of years. From cave paintings to novels, stories have always played an essential role in our lives. But why do we love stories so much? The answer lies in our brain. Research has shown that when we hear a story, our brain releases dopamine, a chemical associated with pleasure and reward. This makes us feel good and helps us remember the information better. In addition to making us feel good, stories also help us make sense of the world around us. They provide a framework for understanding complex information and help us remember important details. This is why stories are such a powerful tool in the courtroom.
In recent years, the field of jury consulting has witnessed a significant rise in popularity. Attorneys have come to recognize the importance of having a skilled professional by their side when it comes to selecting a jury. While some consultants rely on their gut instinct and years of experience, others are turning to data-driven techniques to enhance their decision-making process. This blog post explores the emergence of data-driven jury consulting and its implications for the legal profession.
Our blog has been thriving for nearly a decade, accumulating over a million visits during this remarkable period. As we approach the official 10-year blog anniversary next year, we also celebrate the impressive 28-year milestone of our entire company. To stay in tune with our readers' preferences, we meticulously monitor the traffic of each blog post, enabling us to identify the crème de la crème. Without further ado, here are the top 100 most engaging blog posts from the past ten extraordinary years. 5 Questions to Ask in Voir Dire The Top 14 Testimony Tips for Litigators and Expert Witnesses Ways to Identify the Jury Foreman: Insights on Leadership and Influence Lists of Analogies, Metaphors and Idioms for Lawyers 14 Tips for Delivering a Great Board Meeting Presentation 15 Tips for Great Customer Service from the Restaurant Industry
1. Utilize Body Language and Nonverbal Communication
Happy Super Tuesday in a presidential election year. Conventional wisdom tells us that America is more divided than ever. I think that is overstating things, but people certainly do seem dug into their belief systems these days. No amount of facts, data, or education will cause some people to change their minds about certain topics. And this is a great thing -- IF you're involved in jury selection. The entirety of human knowledge acquired over the last 100,000 years can be accessed in seconds using a device you always have with you. But if you believe something about carrying handguns, nuclear power, vaccines, or climate change, the chances are that no amount of data, study, or expert opinion will change your mind about that topic. If you're a potential juror and that bias happens to be in favor of the client we support, this is fantastic news. Such a juror will (subconsciously) selectively choose evidence that favors our client using confirmation bias or motivated reasoning. This is where being polarized into one camp or another gets interesting. When it comes to A2L's jury consulting work involving voir dire and jury selection, one of our primary goals is to discover a potential juror's bias. We also want to understand how a particular bias might affect our client. We want to, of course, deselect those jurors who would be biased against our client, and, just as importantly, not do anything to expose those jurors biased in our favor. In this era of polarization and in an election year, there is a useful shortcut -- one's political beliefs. So, ask about them, at least indirectly. For the most part, if I know you mostly watch MSNBC or Fox News or whether you love or loathe Rachel Maddow or Sean Hannity, I can make some reasonably reliable inferences about your biases. We have discussed these and other approaches to voir dire and handling bias in the free A2L Consulting articles and publications like those listed below. 5 Questions to Ask in Voir Dire . . . Always 5 Voir Dire Questions to Avoid Jury Research and Mock Trials During Presidential Elections Font Matters - A Trial Graphics Consultant's Trick to Overcome Bias 7 Tips to Take “Dire” out of Voir Dire 10 Things Every Mock Jury Ever Has Said A Surprising Lesson From Voir Dire 10 Ways to Lose Voir Dire 5 Ways That a Mock Trial Informs and Shapes Voir Dire Questions Like It or Not: Likability Counts for Credibility in the Courtroom 10 Things Every Mock Jury Ever Has Said A Jury Consultant Is Called for Jury Duty One Voir Dire Must Do and One Voir Dire Must Never Do The Voir Dire Handbook | Free Download | A2L Consulting Jury Selection and Voir Dire: Don't Ask, Don't Know 15 Things Everyone Should Know About Jury Selection Why Do I Need A Mock Trial If There Is No Real Voir Dire? Jury Questionnaire by the Numbers 10 Ways to Spot Your Jury Foreman 5 Things Every Jury Needs From You Jury Selection & Jury Consultants: Three Strikes, You're Out! 10 Signs of a Good Jury Questionnaire 13 Revolutionary Changes in Jury Consulting & Trial Consulting Is Hiring a Jury Consultant Really Worth It? 12 Insider Tips for Choosing a Jury Consultant Do I Need a Local Jury Consultant? Maybe. Here are 7 Considerations. I’m Right, Right? 5 Ways to Manage Juror Bias Jury Selection Experts . . . True or False? Who Are The Highest-Rated Jury Consultants? Webinar: 12 Things Every Mock Juror Ever Has Said
A very close friend just asked me what we do at A2L Consulting. Last week, a 30-year colleague and client remarked that he didn’t realize that half of our business involved jury consulting. Last night, a high-profile trial lawyer kindly complimented our firm while speaking to a group -- but called the company by its former name of 10 years ago. It’s my job to explain to people who we are and what we do, and some of the people closest to me don’t understand what we do as litigation consultants at A2L Consulting. Clearly, I am doing something wrong. The purpose of this article is to provide a detailed overview of the work we do as litigation consultants. Still, it will also educate anyone involved in trying cases about best practices in specific areas of trial preparation and trial practice. The Big Picture Our firm was one of the first (if not the very first) to call itself a Litigation Consulting firm back in the mid-1990s. At a 30,000 foot level, litigation consultants like A2L are hired by top trial lawyers and large corporate legal departments to help increase the odds of winning a particular case. We help increase the odds of winning a particular case by: testing and refining cases during a mock trial and jury consulting process by soliciting and measuring feedback from mock jurors and mock judges; helping to refine the narrative and key arguments to be delivered at trial through our peer-to-peer litigation consulting process. This litigation consulting process often includes multiple rounds of practice, particularly of the opening statement; designing litigation graphics presentations rooted in persuasion psychology that help judges and jurors both understand our cases and help to persuade those same fact-finders to take our side in the case; and using highly trained hot-seat operators (trial technicians) to display electronic evidence on the fly and leave the trial attorney in a position to connect with judge and jury; I call these four areas, jury consulting, litigation consulting, litigation graphics consulting, and trial technology consulting. Collectively, I call them all litigation consulting. Within each category, there are MANY sub-services. Below is an overview with linked articles that explain each of these four areas in more detail and offer best practices. If you are in the business of trying cases, there is a lot of value here for you in the materials below.
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