Archives – Page 14 – The Red Well

How accurate are litigators at predicting case outcomes? | Online Jury Research Update

September 12th, 2023|

Research has found that an attorney's estimate of the probability of success is the most crucial variable in shaping decisions whether to litigate or settle a case in controversy (see, for review, Goodman-Delahunty et al., 2010; Jeklic, 2023). Unlike parties to a case -- who frequently exhibit an overconfidence about prevailing in court -- attorneys are expected and trained to be more objective in their predictions. Said differently, attorneys are expected not to have a 'myside' bias. How realistic are attorneys' case outcome predictions? Do attorneys forecast outcomes accurately or do they exhibit a myside bias not unlike the parties

Defendants – Argue Damages Differently

September 11th, 2023|

By Dr. Ken Broda-Bahm: The Covid pandemic is now mostly in the rear-view mirror, but in now busy courthouses across the country, the juries who are returning seem a little different. Based on common experience, they appear to have more anti-corporate attitudes and to harbor greater suspicion toward large institutions. They seem to have less … Defendants – Argue Damages Differently Read More »

Getting Back to Basics in Trial Planning

September 5th, 2023|

Imagine you are asked to build something – you don’t know if it’s a car, a house, a playground, or any of the other endless things it might be. To build it, you are given one tool at a time, but you are only given the barest of instructions on how to use that tool, you’re not told which part it actually builds, and the instructions are not given in the logical order that would make most sense. As the days go by, you begin to get a general idea of what you’re building, but because there are two

Witnesses, Make This Your North Star: The Best Answer the Facts Allow

September 5th, 2023|

By Dr. Ken Broda-Bahm: When it comes to witness goals in deposition or in trial, I think there are many useful perspectives. But looking at the range of possible advice, I think there are two bad ends of the spectrum. On one end, there is woodshedding. Despite ethical considerations, attorneys can be swayed by a … Witnesses, Make This Your North Star: The Best Answer the Facts Allow Read More »

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