Archives – Page 13 – The Red Well

Data-Driven Jury Consulting and Why it Matters

August 3rd, 2023|

In recent years, the field of jury consulting has witnessed a significant rise in popularity. Attorneys have come to recognize the importance of having a skilled professional by their side when it comes to selecting a jury. While some consultants rely on their gut instinct and years of experience, others are turning to data-driven techniques to enhance their decision-making process. This blog post explores the emergence of data-driven jury consulting and its implications for the legal profession. To understand the role of jury consultants, it is crucial to grasp the essence of their work. Essentially, these consultants are hired by

Please Think Before Sharing That Persuasive Graphic This Election Season

August 3rd, 2023|

In the midst of the chaotic election season, we find ourselves bombarded with a barrage of carefully crafted visuals designed to manipulate our thoughts and influence our political leanings. These persuasive graphics, created both domestically and internationally, have a singular purpose: to sway us towards a particular bias, be it left or right. They flood our social media feeds, tempting us to join in the frenzy and share them without a second thought. However, as discerning Americans, it is our duty to pause and reflect before mindlessly contributing to the spread of misinformation. To illustrate the power of manipulation that

Defendants, Don’t Automatically Avoid the First Move in Settlement

July 27th, 2023|

By Dr. Ken Broda-Bahm: At a national conference I spoke at earlier this week, one of the other presenters was Anne Marie O’Brien of Smith Pauley LLP, a very experienced litigator and mediator working out of Omaha, Nebraska. During her talk, she asked a room full of defense attorneys how many of them routinely made the … Defendants, Don’t Automatically Avoid the First Move in Settlement Read More »

The Rise of Post-Pandemic Nuclear Verdicts

July 26th, 2023|

Over the last year, the most popular question we have fielded from frustrated defense attorneys and general counsel is why damage awards have been rising since the pandemic. Verdicts in the hundreds of millions and billions are no longer the outliers they used to be, as legal news outlets such as Law 360 seem to report almost daily verdicts in these ranges. For many, the pandemic epitomizes a key turning point where our culture went from somewhat predictable to totally unpredictable. Yet, the research shows us that the reality remains the same, namely that jurors are predictably irrational, with new

Expect Skepticism (and Some Support) for Railroads

July 24th, 2023|

By Ken Broda-Bahm: It hasn’t been the easiest year for America’s railroad companies. Last Fall, in the midst of an inflationary panic, a national rail strike threatened to disrupt the nation’s shipping system, before that was resolved through a combination of Presidential carrots and sticks. But that was all eclipsed just a few months later, … Expect Skepticism (and Some Support) for Railroads Read More »

How do transcriptions of ambiguous words in electronic recordings affect jurors? | Online Jury Research Update

July 22nd, 2023|

Electronic recordings presented to jurors at trial often are accompanied by a written transcript to aid understanding of what is said. Transcription of electronic recordings is challenging even for professionally trained transcribers. The transcriptions of even highly trained professional transcribers disagree frequently and vary significantly from each other...Zhang (2022) examined how juror decision-making is affected by the way dubious words are presented in transcripts of degraded covert forensic audio recordings....

When is the best time to give transcripts of recordings to jurors? | Online Jury Research Update

July 22nd, 2023|

Transcripts exert a strong influence on jurors' perceptions of electronic recordings, even when the transcripts are demonstrably inaccurate, misleading or downright implausible. Zhang(2022) examined how giving jurors a transcript of an electronic recording before, with, or after they listen to the recording affects their understanding of what was said on the recording. A total of 281 jury-eligible mock jurors listened to 20 short audio recordings adapted from an actual case. Mock jurors were divided into four groups based on when they were given transcripts for the audio recordings: (1) transcripts given before each audio recording, (2) transcripts given with each

Model Effective Legal Persuasion

July 20th, 2023|

By Dr. Ken Broda-Bahm: Persuasion is at the core of what litigators do, not exclusively, but particularly in court. Despite that, aspiring lawyers train on a legal model that emphasizes some aspects of persuasion (like evidence and logic) while de-emphasizing or ignoring other aspects (like emotion, salience, and motivation). In a recent article, “Persuasion Principles … Model Effective Legal Persuasion Read More »

Our Top 100 Articles Since 2014: A Decade of Engaging and Informative Content

July 19th, 2023|

Our blog has been thriving for nearly a decade, accumulating over a million visits during this remarkable period. As we approach the official 10-year blog anniversary next year, we also celebrate the impressive 28-year milestone of our entire company. To stay in tune with our readers' preferences, we meticulously monitor the traffic of each blog post, enabling us to identify the crème de la crème. Without further ado, here are the top 100 most engaging blog posts from the past ten extraordinary years. 5 Questions to Ask in Voir Dire The Top 14 Testimony Tips for Litigators and Expert

5 Essential Ways to Win Over a Jury: Tips for Trial Consultants and Attorneys

July 18th, 2023|

1. To win them over. Have you ever encountered someone who always assumes their ex is lying, even when they're not? Or have you observed how trusting people can be in a new relationship, even if it's all a facade? It's because we have an innate desire to believe those we like, and vice versa. Therefore, it is crucial to leave a positive impression on the jury - while you don't need them to fall head over heels for you, you certainly can't afford to rub them the wrong way. Research has uncovered some insightful tips on what creates