5 Effective Litigation Graphics Techniques From The Impeachment Trial

January 31st, 2020|

Finally. High-quality litigation graphics made an appearance at the impeachment trial. If you are a trial lawyer or you help trial lawyers, this article is a must-read, because it will help you see the future and help you persuade better. I've published three recent articles about the impeachment hearings/trial and the litigation graphics and technology used: 5 Litigation Graphics Lessons from the Impeachment Hearings Who Won the Impeachment Trial Initial Opening Statements? Impeachment Hearings Provide Trial Technology Lessons I thought those three articles would be my last on the subject, and then something impressive happened. Objectively effective litigation graphics were

The Top 100 Litigation Articles

January 27th, 2020|

Today, we are celebrating you - our subscribers -  because we have reached a new milestone - 10,000 subscribers to this blog! To celebrate, we are releasing the list below for the very first time - A2L Consulting's Top 100 Articles of All Time. We started this publication in 2011 against my best instincts, and I delight daily in how wrong I was. Now, almost 700 articles later, being named a top blog by the ABA, and after millions of visits to our site and The Litigation Consulting Report blog (free subscription here), I now understand that we filled a significant

The Importance of Letting Jurors Be Egocentric in Voir Dire

January 24th, 2020|

By Thomas M. O’Toole, Ph.D. If you follow this blog or read our column in the King County Bar Bulletin, you know that I have been working with another well-respected jury consultant, Kevin Boully, to develop the study of Jury Economics, which is behavioral economics applied to jury decision-making. Behavioral economics has become a critical field of study across many industries due to its focus on the predictably irrational ways in which people act and make decisions. Jury economics tells us that there are three core components to all jury decision-making: 1) it is egocentric; 2) it is economical; and

Understanding What Restorative Justice Is And Isn’t

January 23rd, 2020|

By Natalie Gordon, M.A., DOAR analyst Recently, we have heard stories in the media being described as instances of “restorative justice.” But sometimes an alleged example of restorative justice will not encompass all the core principles of restorative justice, or will conflict with the principles of our criminal justice system. Some recent examples may help illustrate what restorative justice is — and is not. In October, President Donald Trump arranged a meeting at the White House for the family of Harry Dunn, a British teenager killed in a car crash in England, with the American woman who was driving the

False Equivalents

January 23rd, 2020|

Melissa and I do our best to keep politics out of these posts, as well as our professional lives. So, this is the disclaimer, this post is not about specific politics, politicians, or even impeachment, though the topic arises from various political battles of the day. Unfortunately, I need to set the stage for my post with some political context. During the recent investigations related, mostly, to the President, leading up to and including the impeachment, there has been a narrative that attempts to conflate what he is accused of having done with what others are alleged to have done.

Who Won the Impeachment Trial Initial Opening Statements?

January 22nd, 2020|

I've written two articles recently about the impeachment proceedings, and after publishing each, someone has written to me and accused me of bias. With thousands of people reading these articles, this is to be expected, I suppose. Well, in these two bias accusations, I was accused once by the left and then next by the right. I'm proud of this fact, as this suggests I'm not actually demonstrating bias. In fact, I believe my political beliefs are not relevant in my role as CEO of A2L. We're not a political entity. So, I have to warn you, this article is

Repeat a Simple Message Repeatedly to Maximize Courtroom Persuasion

January 20th, 2020|

The science around repetition is well settled, and I've always found it a little disturbing. For all the advanced degrees, experience with thousands of cases, and the wisdom litigation consultants like us have to share about maximizing persuasion at trial; the truth is one of the easiest ways to increase persuasion at trial is simply to repeat yourself - a lot.It is a technique used by politicians and trial lawyers alike. However, I think the political climate of the last few years has shown us that there are few upward limits on the number of times one can repeat themselves

5 Ways to Make Time Comparisons Unforgettable at Trial

January 19th, 2020|

I enjoy an interesting turn of phrase and an interesting bit of trivia more than most people. So, for me, I'm especially delighted when someone can find a way to combine trivia and language in a memorable way. Fortunately, in the litigation graphics and jury consulting business, there are many opportunities to do just that. At A2L, we are routinely challenged with finding a creative way, both visually and with words, to explain complex topics like volume, speed, amounts, and scale. We have written about some of these methods in articles like Explaining a Complicated Process Using Trial Graphics, Antitrust

Litigation, Opening Statements, and Pixar’s 22 Rules of Storytelling

January 16th, 2020|

Over the past ten years, we have written about persuasive storytelling more than any other subject. There are dozens of A2L storytelling articles, e-books, and webinars on the topic. A2L's most popular CLE/presentation is called Storytelling for Trial Lawyers. I have presented it at dozens of major law firms, PLAC, DRI, and other conferences. The subject matter is always well received. The reason we publish and talk so much about storytelling is that trial lawyers increasingly understand that being a superb storyteller is essential for maximizing persuasion. More and more scientific studies confirm this each year, and I think most

Whistleblowing isn’t easy

January 16th, 2020|

Much has been in the news lately about people blowing whistles on allegations of corruption and abuse. Without discussing these specific situations, I want to address the act of sounding an alarm, or blowing a whistle. I have written something on this previously, but it warrants revisiting. I will start by saying that, if you haven’t been there, you may not comprehend this, but, I’ve been there. I’ve been a whistleblower. In fact, both Melissa and I have been there. And, taking a stand against what we saw as fraudulent acts by our then employer has had long term costs