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.
80% of jury trials are won or lost in the opening statement. 80%!!!!!! If you lose to your opponent in opening statements, your chances of winning the case become very slim. Over the past 25 years, I have participated in the drafting of hundreds of opening statements. Sometimes, it's 20% me (and others) and 80% first chair trial counsel; sometimes, it's the other way around. No matter what, it is always a collaborative process. And it's one of the things I enjoy most about my job. Reflecting on these 25 years, I offer twenty-one tips for writing and presenting a winning opening: Simplify, simplify, simplify. The opening statement can’t be too simple. Many people say ninth grade is your audience, but I would suggest sixth grade. Since those of us in the legal industry tend to hang around smart people all the time, writing or speaking at that level is hard. The only way to do it, unless you happen to have a very patient sixth grader on hand, is through practice in front of a trial consultant. See Litigator & Litigation Consultant Value Added: A "Simple" Final Product Tell a story. We have many storytelling resources, specifically Storytelling for Litigators and The Opening Statement Tool Kit. My colleagues and I have spent years putting these FREE guidebooks together, and there's nothing else like them. See also 5 Ways to Maximize Persuasion During Opening Statements - Part 2 I am often asked how long my opening statement should be. I think your opening statement should be less than 45 minutes. Nothing is magical about that number, but I feel it's about as long as people want to pay attention to something. It's no accident that many shows and college classes are offered in 50-minute segments. When was the last time you didn't fidget with your phone during a full-length movie? Sidebar: I feel like there should be a list of movies that are easy to watch while playing on your phone.
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 why using bullet points in PowerPoint presentations can hinder your ability to persuade and learn powerful tips to enhance your presentations. The Problem with Bullet Points: How They Kill Persuasion Bullet points have long been a staple of PowerPoint presentations. However, their overuse can actually hurt your ability to persuade and engage your judge/jury. Bullet points are often used as a crutch, allowing presenters to simply read off the slide instead of creating a compelling narrative. This can lead to a lack of connection with the judge and jury and a diminished impact of your message. Additionally, bullet points can make your presentation feel cluttered and overwhelming, making it difficult for your judge & jury to focus on key points. We have written extensively about this in articles such as, Still Think Persuasion is About Talking While Showing Bullet Points? and 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) and Why Reading Your Litigation PowerPoint Slides Hurts Jurors and The Redundancy Effect, PowerPoint and Legal Graphics. They are wonderful resources all by themselves. To overcome the problem with bullet points, consider alternative ways to present information. Instead of listing out your main points in bullet form, try using visuals, storytelling techniques, effective data visualization, and memorable quotes and anecdotes to drive your message. Above all else, never read your slide aloud
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.
Understanding the Role of a Litigation Consultant A litigation consultant plays a crucial role in the legal process, providing expert advice and guidance to attorneys and their clients. They bring a unique set of skills and knowledge to the table, helping to navigate complex legal matters and improve the overall effectiveness of your case.
Some trial graphics specialists are attorneys. Other trial graphics specialists are jury consultants. Some trial graphics people are trial technicians. But, there is a type of trial graphics specialist, like those at Persuadius, who work mostly in pairs. They prefer to either conceptualize or execute. Let's take a closer look at this pair of specialists. Understanding the role of trial graphics specialists Trial graphics specialists are professionals who specialize in creating visual aids and presentations for use in legal proceedings. While some may think their job is solely about making slides look visually appealing, their role goes far beyond that. Trial graphics specialists are responsible for translating complex legal concepts and information into clear and concise visuals that can be easily understood by judges, juries, and other participants in the courtroom. Sometimes that role is one person. More often than not, it is usually a pair of artists, one with legal training and one with more formal artistic training. Together, they form an amazing team.
When it comes to trial, preparation is key. One of the most important parts of that preparation is having a reliable and skilled trial technician on your team. They are in very high demand at Persuadius. Trial technicians are an invaluable asset in the courtroom, helping to ensure that everything runs smoothly and that you have everything you need to present your case effectively. Here are 10 ways trial technicians take the worry out of trial: 1. Technical Expertise: Trial technicians are highly skilled in using the latest technology to present evidence (increasingly OnCue vs. Trial Director) and exhibits in the courtroom. They can manage complex audio and video presentations, create interactive exhibits, and handle all aspects of courtroom technology. 2. Familiarity with Courtroom Procedures: Trial technicians are familiar with courtroom procedures and know how to navigate the unique challenges of each courtroom. They can help you prepare for the specific courtroom where your trial will take place, ensuring that you are fully prepared for any unexpected issues.
As an expert in this field, I have written extensively about the power and potential of trial graphics. It is reassuring to know that the New York Times also recognizes the capabilities of compelling graphics, even though their application may differ from the courtroom trial graphics setting.
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
and Dan Regard, CEO/Founder, iDS As seasoned litigation consultants with law degrees, Dan (a testifying forensics expert and CEO) and Ken (a trial consultant, trial graphics expert, and CEO) have witnessed firsthand the striking distinctions between expert witness graphics and trial graphics. While these graphic types may appear similar, these types of graphics serve entirely different purposes in the legal realm. Let's delve into seven ways in which expert witness graphics and trial graphics diverge: 1. Inform vs. Persuade. Expert witness graphics are meticulously crafted to illustrate expert testimony, whereas trial graphics are strategically designed to present evidence before a jury. Expert witness graphics aim to inform the audience about complex scientific or technical concepts and provide visual clarity to the expert's testimony. These graphics are often created by experts who have in-depth knowledge and expertise in their respective fields. On the other hand, trial graphics are created by litigation artists working with litigation consultants, who focus on presenting the evidence in a persuasive and visually appealing manner to the jury. They simplify the information, ensuring it is easily comprehensible for laypeople, and aim to persuade the judge or jury of the client's position. They can (and do) take poetic license with the substance and may leverage analogies, caricatures, and even slight exaggerations to emphasize a point. 2. Experts create both. Typically, expert witness graphics are created by the very experts themselves, leveraging their knowledge and expertise in the subject matter. These experts have a deep understanding of their field's technical details and intricacies, allowing them to create graphics that effectively convey and simplify complex information. On the other hand, trial graphics are often entrusted to the expertise of graphic designers working in concert with litigation consultants. These professionals have a firm grasp of visual communication and design principles, enabling them to create visually compelling graphics that enhance the presentation of evidence in the courtroom. They collaborate closely with the legal team to ensure the graphics align with the trial strategy.
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