Archives – Page 12 – The Red Well

The Science of Storytelling: How Trial Graphics Can Help You Tell a Compelling Narrative

September 5th, 2023|

As a trial lawyer, your main goal is to persuade the judge or jury that your client’s side of the story is the most compelling one. One of the most effective ways to do this is through trial graphics. These visual aids can help you convey complex information in a way that is easy to understand and memorable. In this article, we’ll explore the science of storytelling and how trial graphics can help you tell a compelling narrative. The Power of Storytelling Humans have been telling stories for thousands of years. From cave paintings to novels, stories have always played

Don’t Dox Your Jurors

August 28th, 2023|

By Dr. Ken Broda-Bahm: The number of criminal indictments against Donald Trump is now up to four. In the self-sealing belief systems of some of the former President’s more zealous supporters, if prosecutors are going after Trump, that means they’re corrupt, and if judges are siding with those prosecutors, they’re also corrupt. And, by extension, … Don’t Dox Your Jurors Read More »

Strategies to Keep a Jury Engaged: Making a Boring Case Captivating

August 22nd, 2023|

As a litigator, it can be challenging to keep a jury engaged and interested in a trial that may seem dull or monotonous. However, there are several ways to make a boring trial more interesting and compelling. In this article, we will discuss ten effective strategies that can help a litigator keep a jury engaged and make a boring trial more interesting. 1. Start with a strong opening statement The opening statement is the litigator's first opportunity to capture the attention of the jury. It should be concise, clear, and engaging, providing a roadmap for the trial and how

Lawyers and Corporate Defendants – Expect a Little More Hostility from the Jury Box

August 21st, 2023|

By Dr. Ken Broda-Bahm: I suspect there has never been any great love affair between attorneys in general and the jury pool. Jurors know that lawyers are there to influence them toward a desired result, and that’s typically met with suspicion. Similarly, corporate defendants also don’t tend to make a jury’s list of favorites. We’ve … Lawyers and Corporate Defendants – Expect a Little More Hostility from the Jury Box Read More »

Assess and Address Bias Using Four Steps

August 17th, 2023|

By Dr. Ken Broda-Bahm: It’s one of the central contradictions of the law: we ask for and expect neutral and unbiased decision makers…and then we end up using humans. Those human fact-finders are almost inevitably going to have an individual form of perception or some level of partiality or bias. When it comes to the … Assess and Address Bias Using Four Steps Read More »

Does televising oral arguments diminish judicial legitimacy? | Online Jury Research Update

August 16th, 2023|

One decision on which many judges have exercised caution is whether to allow cameras in their courtrooms, fearing that cameras will diminish the perceived legitimacy of the courts. While many state supreme courts and three federal circuit courts currently allow cameras in their courtrooms at least some of the time (Kromphardt and Bolton, 2022), most federal appellate courts and a number of state supreme courts have chosen not to open their courts to cameras. Generally speaking, the appellate courts that prohibit cameras at oral argument allow audio recordings of the arguments (as opposed to blanket prohibition on any recordings at

The Top 10 Tips for Successful Mock Trial in Litigation

August 14th, 2023|

Mock trials are valuable tools for trial attorneys and legal teams to prepare for litigation. These simulated trials allow lawyers to test their case theories, strategies, and arguments before presenting them in a real courtroom. By mimicking the trial process, mock trials provide an opportunity to identify strengths and weaknesses, refine arguments, and gain valuable insights. In this article, I will explore the top 10 tips for a successful mock trial in litigation.1. Define Clear Objectives:Before commencing a mock trial, it is crucial to establish clear objectives. Determine what you aim to achieve through the exercise. Whether it's testing case

5 Reasons You Should Use a Mock Trial to Develop Your Opening Statement

August 9th, 2023|

As a trial attorney, you know that the opening statement is the most important part of any case. It sets the tone for the entire trial and can be the difference between winning and losing. Crafting a compelling opening statement takes skill and practice, and one way to develop that skill is through mock trials. Mock trials are simulations of real trials that allow legal professionals to practice their skills in a safe and controlled environment. They are a valuable tool for developing the opening statement because they allow you to test different approaches and see what works best. Here

Account for ‘Social Inflation’ in Damages Awards

August 8th, 2023|

By Dr. Ken Broda-Bahm: “Social inflation” is a phrase that crops up these days when people are talking about civil damage awards. As an explanation for a wave in so-called “nuclear verdicts,” social inflation refers to the phenomena of typical damage award levels rising over time as the population gets more comfortable with those big … Account for ‘Social Inflation’ in Damages Awards Read More »

Are negative themes more persuasive than positive themes in legal advocacy? | Online Jury Research Update

August 7th, 2023|

Despite a common refrain in civil and criminal cases that "the facts speak for themselves", research finds that attorneys are more persuasive if they speak for the facts using a narrative form that forwards one or more case themes. Chestek (2017) investigated the persuasiveness of negative and positive case themes on judges' decisions. A total of 163 judges from different jurisdictions and in different types of courts read excerpts of a summary judgment brief that began with a preliminary statement of a hypothetical case and was followed by a stipulation of facts stated in a neutral tone that both sides