February 2020 – The Red Well

Folktales Reveal a Powerful Persuasion Tool for Trial Lawyers

February 28th, 2020|

I recently read two studies by Professor Jeffrey Loewenstein of the University of Illinois that offer extremely valuable persuasion tools for trial lawyers. They were not written with trial lawyers in mind, but the lessons they teach are universal when it comes to persuasion. Together they provide an important toolset for those of us who craft or hone opening statements for a living. The first of these studies, The Repetition-Break Plot Structure Makes Effective Television Advertisements [paywall], helps answer the question of why some advertising campaigns outperform others. It turns out there exists an ages-old and highly persuasive storytelling structure

What is Litigation Consulting and What Do Litigation Consultants Do?

February 27th, 2020|

A very close friend just asked me what we do at A2L Consulting. Last week, a 30-year colleague and client remarked that he didn’t realize that half of our business involved jury consulting. Last night, a high-profile trial lawyer kindly complimented our firm while speaking to a group -- but called the company by its former name of 10 years ago.It’s my job to explain to people who we are and what we do, and some of the people closest to me don’t understand what we do as litigation consultants at A2L Consulting. Clearly, I am doing something wrong.The purpose

A Jury Consultant’s View of Jury Duty

February 25th, 2020|

I recently had the privilege of being summoned to appear for jury duty in Broward County, Florida, where I have lived for almost 30 years. Unlike almost everyone I know, I was not dismayed, afraid, or angry to receive my jury summons. I was, in fact, somewhat happy about it, as well as hopeful that, while it was doubtful I would ever be selected for the jury, I would at least make it to the voir dire process that is part of every jury selection. I made it! I was Juror #4, seated in the jury box, on a civil

QUICK LOOK: Restorative Justice Principles Emerge in Settlement of Civil Cases

February 25th, 2020|

The New York City Commission on Human Rights inked a settlement with Prada this month that will have the company investing significant human capital and resources in programs directed at diversity and inclusion. Is this settlement, which addresses the impact of racially tone-deaf expression, just the beginning of a new trend? Over a year after Prada marketed its “Pradamalia” campaign—featuring a figurine of a monkey that resembled blackface—the company entered into an agreement obligating it to take key measures to combat racism within not only its ranks but also the wider community. Check out the New York Times article for

EEOC 2019 Statistics Reflect Decline in Charge Filings

February 21st, 2020|

On January 24, 2020, the EEOC released data on its 2019 charge filings.[1] The EEOC reported that the total number of charges filed in 2019 declined by 4.8% (from 76,418 in 2018 to 72,675 in 2019). Retaliation claims continued to predominate, with 53.8% percent of charges including allegations of retaliation. Disability, race, and sex discrimination (including harassment) claims each accounted for slightly over 30% of total charges. The EEOC’s 2019 charge statistics mirror the perceptions of respondents to a recent study conducted by DOAR. Respondents to the study perceived racial discrimination as most prevalent, followed very closely by sex discrimination.

How to Use Map Graphics Effectively in Litigation

February 18th, 2020|

A great many litigation cases benefit from the use of maps to illustrate relationships between objects, people, and spaces. In fact, maps offer such an efficient means to convey ideas to jurors that some verdicts can hinge on the strength of a map’s design. But useful maps don’t come readymade. If you’re trying to explain a disastrous airplane flight path to the jury, for instance, you can’t point at the countryside topography (Figure 1) and fill in the scene with your words alone – poetic as you may be. Fig. 1. A Google Earth image (data provided by Landsat/Copernicus) is

Reverse Hardships: Who Wants to Be Here?

February 18th, 2020|

I have assisted attorneys in selecting juries since 1991. That’s a long time. I have been involved in hundreds of jury selections across the U.S.A., from Alaska to Florida. Never, until recently, have I witnessed a judge asking a large panel of potential jurors the following question: “Who wants to serve as a juror on this case?”. In every case except this one, the judges inquire about the potential jurors’ hardships, defined as something that would make it difficult or impossible to be a juror. Common hardships are: financial, including not being paid by one’s employer when someone is not

12+ Lessons From Top Trial Lawyers & Great Presenters

February 14th, 2020|

Sometimes I fear that my tips for trial lawyers might be perceived as self-serving. They're not, I promise, but I understand how someone could think that. Well, for at least for the duration of this article, don't take my word for it, please. Every day, we work with some of the world's best trial lawyers. I learn a lot from watching how the very best prepare for trial, and it is a pleasure to share what I witness with other great trial lawyers. Today, I'm presenting a collection of videos (some are from A2L clients, and some are not), trial

2020

February 13th, 2020|

Well, here we are. It’s 2020. Lots of celebrations, talk about the new decade, and the roaring 20s. But, many of us think of it with the term “hindsight” attached, as in “hindsight is 20/20,” meaning that when looking backward, things that were once unclear become clear. Monday morning quarterbacking is related. If we see an outcome, sometimes we can see how, for better or worse, that outcome was reached. Hindsight is the opposite of foresight, which some people possess to greater degrees than others. Some people have tremendous foresight and can imagine, better than others, how things will turn

The Causes of Social Inflation and “Nuclear” Jury Verdicts

February 12th, 2020|

By Thomas M. O’Toole, Ph.D. Last year, Johnson & Johnson was hit with an $8 billion verdict by a Philadelphia jury, an amount that exceeded the gross domestic product of more than sixty countries (included Monaco, Belize, and Greenland) in that same year, according to data from the International Monetary Fund. In fact, Johnson & Johnson has become the posterchild for what many in the legal industry refer to as “nuclear verdicts,” but J&J is not alone. Jury verdict awards in the hundreds of millions and billions are becoming more and more common in American trials. The impact of this