Jurors Live By “What You See Is What You Believe.” Ignore It At Your Peril
“What you see is what you believe” – is true not just of how jurors gauge the veracity of a witness or party’s testimony, but also of how jurors assess you when you sit at the counsel table. Jurors evaluate your demeanor according to stereotypical interpretations; they have no personal knowledge of you that would […]
Who Wants A Perceived Liar On The Stand? Not You!
People aren’t very good at detecting liars. Studies show that people’s hit rate for detecting lies (54%) is slightly above pure chance (50%), which is good news for the liars, but bad news for you in the courtroom. Why? Because people tend to pay attention to certain cues to determine if someone is lying, but […]
The Enduring, Maddening CSI Effect
In my ongoing research of what jurors think and how they decide cases, I am once again reminded of the enduring “CSI effect,” and how lawyers would do well to pay more attention to it. Simply put, the “CSI effect” is jurors’ overriding, sometimes obsessive, need to explore for themselves every bit of physical evidence […]
Arrogance 101: Dump It!
In this era where celebrities are revered and the super-wealthy envied, it’s easy to forget how such individuals are perceived once in the Courtroom. Certainly, some celebrities and mega-billionaires have retained their essential “human-ness” despite their fame. Dick Van Dyke and Dolly Parton come to mind, but too many who’ve found themselves propelled into fame […]
Create a Trustworthy First Impression
Personal experience tells us how powerful first impressions are. Indeed, research reinforces our innate understanding of first impressions. The study suggests it takes just 20 seconds to detect whether a stranger is genetically inclined to being trustworthy, kind or compassionate. That’s less than a minute for you, or your witnesses, to establish a credible first […]
The True Value of Computer/AI Animation In Court
Most cases that don’t settle end up in trial because there are grey areas in the case–situations or testimony that can be interpreted in different ways. Computer/AI animation in court is often thought of as an effective, albeit expensive, way to show events. Research tells us, however, that there is a much more compelling reason […]
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 a classic case, namely the […]
You Need a Timeline!
Timelines are essential to just about any case. I’ve been teased by various attorneys I’ve worked with that I always recommend a timeline, and indeed it’s true. But there is a method to my repeated “You need a timeline!” The movement of events across time is how jurors anchor testimony in their minds. It’s how […]
What the Trix Cereal Rabbit Can Teach Litigators
So you thought cutesy cereal boxes were designed just to capture your innocent toddler’s rapt attention? Nope. In a Cornell University study, researchers manipulated the gaze of the cartoon rabbit on Trix cereal boxes and found that adult subjects were more likely to choose Trix over competing brands if the rabbit was looking at them […]