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 […]
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 […]
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 the first place. And the […]
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, there’s nothing wrong with speaking […]
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 surely hiding something. So much […]