Trial Lawyers: George Washington’s 110 Rules of Civility Translated for the Courtroom

March 5th, 2025|

As the mattress sales wrap up from Presidents' Day, I thought it might be valuable to pause and reflect on this little-known gift from the first president. Apparently, in his youth, Washington was assigned a penmanship exercise of copying the rules of civility as drafted by others before him, and perhaps he editorialized in that process. Everyone likes to think that a 16-year-old Washington wrote these rules, but I think it is more likely that they were associated with Jesuits hundreds of years earlier. I've always felt a special connection to George Washington, having grown up on property that was

Help to Protect the Rule of Law

March 4th, 2025|

By Dr. Ken Broda-Bahm: Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or not, the procedure and the trial are parts of a noble […]

Overcoming The Split-Attention Effect, A Litigation Graphics Consultant’s Daily Challenge

February 19th, 2025|

Mastering courtroom presentations involves more than just knowing the law; it requires understanding how to engage your audience without overwhelming them. I've talked about the redundancy effect/ split attention effect many times, including earlier this month. See 5 Alternatives to Persuasion Killing Bullet Points From Our Litigation Consultants. I think this may be the most common trial presentation mistake I see from even the very best trial attorneys. Understanding the Split-Attention Effect in Courtroom Presentations The split-attention effect occurs when an individual's focus is divided between multiple sources of information, leading to cognitive overload and decreased comprehension. This phenomenon is

Show (a Little) Facial Expression in Court

February 11th, 2025|

By Dr. Ken Broda-Bahm: It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has some obvious common sense behind it. But the advice can also be taken to […]

5 Alternatives to Persuasion Killing Bullet Points From Our Litigation Consultants

February 7th, 2025|

Bullet points undermine persuasion. Scientific evidence supports this, and my colleagues and I have consistently emphasized this over the past 15 years in this blog through articles such as: 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere) The 12 Worst PowerPoint Mistakes Litigators Make Don't Use PowerPoint as a Crutch in Trial or Anywhere Why Reading Your Litigation PowerPoint Slides Hurts Jurors 5 Ways to Maximize Persuasion During Opening Statements - Part 4 12 Ways to SUCCESSFULLY Combine Oral and Visual Presentations Powerful PowerPoint Presentation Tips: Ditch the Bullet Points! Still Think Persuasion is About Talking While

Account for a Jury’s Purpose on Damages

February 5th, 2025|

By Dr. Ken Broda-Bahm: Something that we see over and over again in mock trials has now occurred in an actual trial. A recent jury in Allegheny County, Pennsylvania entered a defense verdict in favor of Johnson & Johnson, answering “No” to the question of whether the company’s talc powder caused the plaintiff’s injuries… then […]

Becoming a Better Orator in the Courtroom

February 3rd, 2025|

***Co-written by Jeffrey Jarman, Ph.D. In our two-plus decades of watching attorney presentations in the courtroom, the most consistent attorney trait we have observed is the stubborn insistence that the facts and substance are all that is needed to win the day, causing many attorneys (most often on the defense side of the case) to ignore the importance of oration and technique. The result is a boring presentation. In fact, most attorneys do not appreciate how boring their presentations are and, unfortunately, interesting but factually inaccurate presentations often prevail over the boring truth. Trial is a set of performances, and

Assess Regulator Credibility in Voir Dire

January 29th, 2025|

By Dr. Ken Broda-Bahm: Government regulators can often play a role in civil litigation. In some cases, they’re involved as parties. More often, however, their role is as a proxy. In those situations, jurors might look at whether the defendant followed the regulations as a shortcut to determine whether the defendant acted reasonably or not. […]

Manage ‘Underdog’ Perceptions

January 21st, 2025|

By Dr. Ken Broda-Bahm: There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major League” while the other side is the “Underdog.” A version of this […]

How Does Narrative Strategy Improve Trial Outcomes?

January 15th, 2025|

In the world of law, facts and evidence alone might not always sway a verdict. Enter narrative strategy, an approach where storytelling meets legal advocacy. In this blog, we delve into how narrative strategy can be a game-changer in trial outcomes, influencing perceptions and decisions. Understanding Narrative Strategy in the Legal Context At its core, narrative strategy in the legal field involves crafting a story from the facts of a case. This technique goes beyond the presentation of evidence, drawing jurors into a narrative they can relate to and comprehend. By engaging emotions and understanding human psychology, lawyers use narrative