The Best Ways to Pause PowerPoint to Enhance Connection with Judges and Juries

February 17th, 2024|

I have the privilege of working with some of the most skilled trial lawyers in the country. They are an impressive group, possessing extensive knowledge of the law, unwavering work ethic, and expertise in the courtroom. In addition, they have an intangible charisma that allows them to command a room the moment they enter. Great trial lawyers can establish a magnetic rapport with judges and jurors that is awe-inspiring and hard to explain. As a trial consultant, we should observe this connection and let it propel us to victory. Because of this natural charisma, many top trial lawyers worry that

Can jurors and judges disregard discredited information? | Online Jury Research Update

February 9th, 2024|

People, including judges and jurors, have a tendency to believe the information they receive. Taking information as true by default is referred to as the truth bias. Sometimes, the information people receive is discredited. When that happens, people are more likely to misremember as true a piece of information they have been told is false, than to misremember as false a piece of information they have been told is true (Pantazi, et al., 2020). Are judges and jurors, as legal fact-finders, able to disregard discredited information? Said differently, are judges and jurors able to set aside their truth bias and

Fish for a Good Cause Challenge

February 6th, 2024|

By Dr. Ken Broda-Bahm: In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential jurors’ ability to be fair in following the law and the […]

Powerful PowerPoint Presentation Tips: Ditch the Bullet Points!

February 6th, 2024|

Discover why using bullet points in PowerPoint presentations can hinder your ability to persuade and learn powerful tips to enhance your presentations. The Problem with Bullet Points: How They Kill Persuasion Bullet points have long been a staple of PowerPoint presentations. However, their overuse can actually hurt your ability to persuade and engage your judge/jury. Bullet points are often used as a crutch, allowing presenters to simply read off the slide instead of creating a compelling narrative. This can lead to a lack of connection with the judge and jury and a diminished impact of your message. Additionally, bullet points

10 Reasons Why Your Trial Consultant Should Draft Your Opening Statement

January 31st, 2024|

As a trial attorney, your opening statement is one of the most crucial parts of your case. We wrote a book about opening statements and offered webinars about opening statements. The opening statement sets the tone for the entire trial and can make or break your case. That's why it's so important to get it right. One way to ensure that your opening statement is effective is to enlist the help of a trial consultant. Here are 10 reasons why you should ask your trial consultant to write a draft, maybe only the first draft, of your opening statement. 1.

Defendants, Reduce the Risk of Your Verdict Going Nuclear

January 30th, 2024|

By Dr. Ken Broda-Bahm: In the most recent verdict against former President Donald Trump, the jury awarded quite a bit more than the plaintiff had asked for. In the case of the $83.3 million defamation award made to the writer, E. Jean Carroll, we have a special case: a defendant who did just about everything […]

The Art of Building Successful Cause Challenges

January 24th, 2024|

One piece of advice for building a successful cause challenge – take it a step (or two) further than you think is necessary. One venue where this lesson is especially important is in Arizona courts, where beginning January 1, 2022, there are no longer peremptory challenges – only cause challenges. The courts of course made this change to eliminate attorney bias and to create a jury pool that more closely reflects the community. Thus, the only way to remove a juror is to establish they cannot assess the case even-handedly and to excuse them for cause. I recently selected a

Keep Your Cool in the Courtroom

January 23rd, 2024|

By Dr. Ken Broda-Bahm: Last week, the once and potentially future President of the United States was threatened with ejection from a courtroom because he could not control his verbal and non-verbal responses to the proceedings. As reported in the New York Times, Donald Trump was sitting in a Manhattan courtroom as a jury heard […]