Simple Words That Win With Jurors: “Thank you, Your Honor”
I was assisting with voir dire recently when opposing counsel, questioning the prospective jurors, was told by the judge to “Move along, counselor,” to which the attorney replied, “But Your Honor…” I barely listened to the rest of what the attorney was saying, because I was delighted at the expression of confusion and dismay on […]
Focus Groups Save the Day–on Broadway!
History sometimes provides us with useful lessons for present-day concerns – even if seemingly unrelated to trial techniques. One of my personal favorites is the story of how a potential Broadway flop, Spider-Man: Turn Off the Dark, went from the media comparing the show to the Titanic, i.e., a massive failure, to a $160 million […]
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 […]
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 […]