Dr. Noelle Nelson

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

trial strategies

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 […]

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 […]