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

Know When to Go Easy on Hardship

January 14th, 2025|

By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for […]

The Future of AI in Mock Trials: What to Expect

January 8th, 2025|

AI is revolutionizing industries worldwide, and the legal field is no exception. Discover how AI is set to transform mock trials and what this means for legal professionals. The Rise of AI in Legal Practices Artificial Intelligence (AI) is increasingly becoming an integral part of various industries, and the legal sector is no exception. From automating document review to predicting case outcomes, AI technologies are reshaping how legal professionals perform their duties. The adoption of AI has been gradual but steady, with many law firms now integrating AI tools to enhance efficiency and accuracy. As AI continues to evolve, its

Defendants, Frame Your Alternate Damages as a Test, Not an Admission

January 2nd, 2025|

By Dr. Ken Broda-Bahm: Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness. Even when the defense attorney has supplied all of the responsible caveats (e.g., We don’t think you should get to damages, […]

11 Lessons Trial Lawyers Can Learn From Jay Z’s Lawyer Video Presentation

December 18th, 2024|

On Monday, Jay-Z's lawyer, Alex Spiro, held a press conference to address allegations against the rapper to publicly dispute rape claims and clarify the situation. Although the statement's purpose was evident—protecting his client and trying to influence public perception—several visual presentation errors can offer essential insights for legal communications in and out of the courtroom. I am not personally acquainted with Mr. Shapiro, but his firm, Quinn Emanuel et al., has been a client. Overall, I believe he performed exceptionally well and commend his assertive defense. It essentially acknowledges that Jay-Z faces a more significant threat to his reputation than

Account for the New Low in What Jurors Think of Health Insurers

December 9th, 2024|

By Dr. Ken Broda-Bahm: In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after he is gone. This Christmas, that part of the seasonal story might be hitting […]

The First Amendment on Trial: Factors that Influence Juror Receptivity

December 6th, 2024|

When the First Amendment was ratified in the U.S. Constitution over 200 years ago, it aimed to prevent government overreach by safeguarding free speech and other individual liberties. Since then, it has been warped into the right to say whatever you want without consequences. This has coincided with a shift from using the First Amendment to protect minority viewpoints to a more conservative perspective that believes political correctness has gone too far. Since the rise of the MAGA movement in 2016, supporters have become vocal advocates of free speech, citing concerns about media bias and online censorship. But political rhetoric