Consider Involving -Both- Sides in the Mock Trial
By Dr. Ken Broda-Bahm: Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a belief about that, and those beliefs may be […]
Witnesses: Be Tough to Cross
By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]
The Role of Collaboration in Effective Litigation Graphics
The collaboration between litigation consultants and trial attorneys is essential for crafting compelling litigation graphics that clearly convey critical points during a trial. I've witnessed trial teams reviewing 20 or more versions of a single graphic. This isn't a drawback; it's a strength. In my view, this iterative process is the optimal approach, provided there is sufficient time to refine the graphics. The Importance of Teamwork in Litigation Graphics Creating compelling litigation graphics is rarely a solo endeavor. It requires the collaborative efforts of litigation consultants, litigation graphic artists, and trial attorneys. Each party brings a unique set of skills
Avoid Legalese, and Other ‘Magic Spells’
By Dr. Ken Broda-Bahm: Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and specific. Sometimes, the competing demands can lead lawyers into speaking […]
7 Incontrovertible Rules for Trial Graphics
Trial graphics are a crucial component of presenting a compelling case in court. From timelines to charts to animations, visual aids can help simplify complex information and make a strong impression on a judge and jury. To ensure your trial graphics are compelling and enhance your legal argument, here are seven hard-and-fast rules to follow:1. Keep it Clear and Concise:One of the most important rules for trial graphics is to keep them clear and concise. Avoid cluttering your visuals with too much information, and highlight key points supporting your case. Use simple language and visuals that are easy to understand
When You Concede Liability, Make Sure You Concede With Benefits
By Dr. Ken Broda-Bahm: Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice phrases — “mistakes were made.” In this situation, the question of whether to contest or […]