2020 – The Red Well

When is the Last Time You Learned Something?

December 29th, 2020|

One of the strangest objections I have heard, relatively often, during my career as a jury/trial/litigation consultant goes something like this: “Well, I have been a VERY successful trial lawyer for many, many years and I have never, ever, hired a trial consultant. What in the world could I possibly learn from you, or another so called jury expert, that I don’t already know?”. Wow! Talk about being closed minded! Thinking that one knows everything there is to know about human behavior, jury decision making, group dynamics, or cognitive psychology, social psychology (particularly when, as an attorney, one has zero

Jury Pool Composition Post COVID-19

December 29th, 2020|

It has been nearly a year since that initial phase of lockdowns in the United States. And with a backlog of trials that only swells as time passes, many jurisdictions are desperate for measures that would allow jury trials to proceed. Some jurisdictions have begun conducting jury trials via electronic means, using videoconferencing software like Zoom. But this is not feasible in all areas and has the potential to exclude certain demographics, including older jurors and those of lower socio-economic classes, who may be unfamiliar with or unable to afford the technology required to participate in a virtual trial. Other

Will 2021 Bring Mandatory Remote Trials?

December 28th, 2020|

Courts across the country continue to struggle with the logjam that has been created by the pandemic. After months of no trials early in the spring, state courts in Seattle re-opened in August to hybrid civil jury trials where jury selection was conducted over Zoom, followed by an in-person trial. However, trials were shut down again in November when the state’s governor issued new guidelines to deal with the second surge of COVID-19. Zoom jury trials are an option that have been tried by some courts across the country, but in most cases, these have only occurred when all parties

Evaluating the Jury Questionnaire for the George Floyd Case

December 24th, 2020|

In a recent interview with WCCO News, I was asked to provide insight into the jury questionnaire recently distributed to potential jurors for the George Floyd case. In a high profile, media-saturated case involving racial issues, the jury questionnaire may be more helpful for the defense rather than the prosecution. First, it encourages people who favor the side of prosecution to speak too freely about their preconceived opinions on the case, which can serve to document why the person should be struck in a cause challenge. For instance, in this questionnaire, there are many questions about how one feels about

Preparing Witnesses for the COVID Courtroom

December 16th, 2020|

Trials have resumed in courts around the country, ushering in an unprecedented era of changes in trial practice and in the physical setting of the courtroom to account for COVID-19. These changes are designed to help maintain a safe environment, but as we know, they have required litigants and court staff to adapt and adjust to a new normal. But witnesses, too, are stepping into the courtroom facing new unknowns. Safety measures such as the use of distance among all of the parties and the jurors in the courtroom, physical barriers such as plastic or glass dividers, and masks and

Technology simplifies our lives, right?

December 10th, 2020|

Another clean out story. In purging the old equipment to prepare for the Magnus’ move to new office, we came across VCRs, VHS tapes, cassette recorders, cassette tapes, DVD duplicators, and more. These are a history of the technology evolution in our lives. Yet, it was also a reminder of simpler times. When we first started Magnus, and for Melissa, at prior companies, VHS video cameras were state of the art. There were different “grades” of cameras, from “amateur” to “broadcast quality” but ours fell in the class of “prosumer.” We used external microphones and some good cameras to

Zoom Glitches and Delays Are a Much Bigger Deal Than You Thought

December 9th, 2020|

We have all experienced the glitches and minor delays that come with videoconferencing platforms such as Zoom. No matter how good the internet connection, they are inevitable. In fact, they are so common that attorneys might overlook the effect that such glitches or delays have on the participants in the conference. Research shows that the impact is more profound than many might expect and should give attorneys pause as depositions, court hearings, and even trials have shifted to Zoom in order to prevent our justice system from coming to a grinding halt during the pandemic. Over the past few decades,

Putting Technology to Use

December 3rd, 2020|

I was prompted to write this, and the prior post, because of Magnus’ recent move. The move necessitated discarding many tools which have been useful during our careers in trial consulting. When we started Magnus in late 1993, Melissa began to receive invitations to speak to groups of lawyers, insurance adjusters, and law school students. This move made me reflect on the evolution of the technologies we have used for these presentations. We started with the text slides I wrote about previously. When Melissa made presentations to these groups, her outline was projected using a Kodak slide projector and

5 Factors for Determining if a Remote Trial is Right for Your Client

December 2nd, 2020|

With the late Fall surge in COVID-19 around the country, many courts are again having to consider the option of conducting remote trials through a videoconferencing provider. Notably, some venues around the country have already conducted remote trials, with many touting them as tremendous successes during these difficult pandemic times. For example, Florida Circuit Chief Judge Jack Tuter said in a recent Law.com article, “You never could have convinced me back in March that we could have a jury trial on the internet….I would just think there’s just so many limitations, but it seems like for every limitation we had

Show Don’t Tell

November 26th, 2020|

Trial exhibits are a big part of all properly conducted litigation. Most lawyers learned long ago that showing, and not just telling, is important. Some lawyers are more effective than others with this but most of them seem not to think visually. Once again, it’s Rush to the rescue. The first track on their 1989 Presto album was “Show Don’t Tell.” Neil Peart’s lyrics for the song include the words “You can twist perception. Reality won’t budge!” That sums up the reason it is important to show, not just tell. (The song has allusions to a courtroom experience.) Of