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

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....