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A Winning Tip
A Winning Tip
“Winning Tips” is a monthly blog designed especially for lawyers—you’ll gain insight on trial strategies, client communications, witness prep and jury behavior from one of the country’s foremost trial consultants.


Don’t Undermine The Value of Your Focus Group
Too often, lawyers ask focus group jurors to deliberate and discuss only the verdict questions. This is a woefully inadequate use of the focus group.

Your Client, Expert and Witness E-Impressions Matter! Manage Them Well
What is written has more weight than what is said. Always. That is why, when something is important, we write it down. That is why, in any courtroom, jurors will believe documents over witness testimony. Unfortunately, clients often forget this, if they even ever stopped to think about it in

Watch Those Jurors: Body Language Outdoes the Spoken Word
The courtroom setting is unfamiliar to most prospective jurors as they sit with a group of strangers and are grilled by counsel during voir dire. In addition, potential jurors may respond differently depending on whether they want to be off or on a particular jury. Therefore, their responses may not

Help Your Witness Deliver Effective Testimony with Full Sentences
Rare is the witness who isn’t anxious, worried, scared–even terrified–during deposition or cross-examination. Often this leads to a rapid pace of speech. Not only that, but witnesses tend to believe that if they just blurt out their response, they’ll get this dreadful experience over with sooner. Speaking Too Quickly. Now,

Classic Juror Misunderstandings
The brilliant cartoonist, Wiley Miller (“Non Sequitur”), captured the misunderstandings between men and women as few others have. For example, the wife says: “Let’s go shopping.” The husband hears: “Let’s go drain the life force from your body.” The husband says: “Honey, are you almost ready yet?” The wife hears:

Be Good to Your Jurors: Connect the Dots!
Too often, in jury debriefings and in focus groups, jurors complain that the attorneys do not connect their points or evidence to the specifics of the complaint. Furthermore, attorneys rarely fully explain the jury instructions to the jury, tying in those instructions to the attorney’s interpretation of the case. In

The Eyes Have It: Does Your Witness Know How to Look at Jurors?
Telling your witness to look at the jurors during their testimony without teaching them how to do so can be fatal to your case. A scared, anxious witness may only dare a quick terrified glance mid-sentence at the jurors, which confirms in the jurors’ minds that yes, this witness is

Expert Under the Gun of Cross? Multi-sided Response to the Rescue
For your expert witnesses under the gun of cross-examination, usually the most problematic answer is a flat “yes” or “no.” Science holds few absolutes to be true, thus most scientists (which is the majority of your experts) are uncomfortable with an uncategorical “yes” or “no” in response to many of

The Juror-Engaging Power of Story: Beyond the Individual
Research has demonstrated repeatedly the power of storytelling. Indeed, it’s easy for most attorneys to tell the story of their injured client or the malfunction of a product. Stories of individuals, plaintiff or defense, are also fairly easy to summon. But when it comes to businesses, companies or corporations, lawyers
Noelle C. Nelson, Ph.D., has over 30 years of experience as a trial consultant. She specializes in trial strategy, witness preparation and focus groups all over the U.S.
Contact her at noelle@noellenelson.com.
Second Edition of Connecting With Your Client is Available Through
The second edition of Dr. Noelle Nelson’s Connecting With Your Client (ABA Publishing) gives attorneys the most up-to-date communication and persuasive tools needed to achieve greater client satisfaction.
The book contains updated information on:
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- Effectively communicating using the latest technology
- Creating rapport that builds your client’s trust and confidence
- Communicating billing and other case management issues in ways that support good client-lawyer relations
- Training your associates, legal assistants and support staff to adopt the appropriate attitude toward clients
- Step-by-step exercises that can help defuse uncomfortable situations
Connecting With Your Client includes discussion on how to maintain control over difficult situations and clients, as well as professional solutions drawn from real-life, real-case experiences. Managing partners, executive directors and marketing directors of top-level firms contribute their perspectives and share their solutions for attaining client satisfaction and cooperation.
Connecting With Your Client is available on LexisNexis.com. It is available in print and as an e-book.
Featured Articles:
- “How To Work Successfully With A Narcissistic Client”
Law Practice Today - “Out With The Old, In With The New–Try An Updated Approach To Jury Selection”
California Litigation - “Working With Your Jury”
ABA – Litigation & Trial Practice