Archives – Page 15 – The Red Well

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

Trust Your Mock Trial (to a Point)

July 17th, 2023|

By Dr. Ken Broda-Bahm: A mock trial is not a crystal ball with access to the ultimate result you’re going to see in a real trial. There are too many differences between the research situation and the full trial setting for those results to be considered reliable, including the individual make-up of the panel, the … Trust Your Mock Trial (to a Point) Read More »

Witnesses, You’re Preparing for Improv, Not a Play

July 13th, 2023|

By Dr. Ken Broda-Bahm: To be clear, testifying isn’t acting. Testifying is telling the truth. And with apologies to those who will point out that good acting is telling the truth as well, there are some important differences for the testifying witness, not least of which is that any appearance of artifice reduces credibility. Even … Witnesses, You’re Preparing for Improv, Not a Play Read More »

7 Ways Expert Report Graphics are Different from Trial Graphics

July 13th, 2023|

and Dan Regard, CEO/Founder, iDSAs seasoned litigation consultants with law degrees, Dan (a testifying forensics expert and CEO) and Ken (a trial consultant, trial graphics expert, and CEO) have witnessed firsthand the striking distinctions between expert witness graphics and trial graphics. While these graphic types may appear similar, these types of graphics serve entirely different purposes in the legal realm.Let's delve into seven ways in which expert witness graphics and trial graphics diverge: 1. Inform vs. Persuade. Expert witness graphics are meticulously crafted to illustrate expert testimony, whereas trial graphics are strategically designed to present evidence before a jury. Expert