Put “Truthiness” To Work For You—At Trial!
The value of visuals in trial work is well established, in that images emphasize and clarify testimony or evidence. However, research shows that visuals have an impact in yet another way, which can be put to powerful use in the courtroom. Scientists examined what Stephen Colbert calls “truthiness” –the feeling that something is true. What […]
The Power of Privacy: Juror Questionnaires
You would think that potential jurors, knowing that their written juror questionnaires will be scrutinized by the lawyers on both sides and by trial consultants and other professionals, would respond to written queries the same as they do to oral voir dire. Not. Fascinating research (Flores, 2011) revealed something I long suspected from years of […]
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 […]
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 entirely reflect that person’s “truth.” […]
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 […]
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 opposing counsel’s questions. Yet opposing […]
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 too often forget the power […]
It Takes A Village: Yet Another Focus Group Advantage
I consulted on a case where one of the possible witnesses was an individual in a highly respected line of work. This person had been involved in criminal activity some 30 years ago, but in the years since had made a wonderful turn-around, and was a veritable pillar of the community, loved and respected. The […]
Use “Less is More” to Win in Court
Some courts are lenient with the amount of time allotted for a trial, some are not. It certainly can seem impossible, sometimes, to jam the amount of evidence and testimony you have in the number of hours permitted. And yet, as is so often true of many things in life “Less is more.” On being […]