Be Alert for Conspiracy Thinkers in Jury Selection

October 22nd, 2024|

By Dr. Ken Broda-Bahm: As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused the “covid hoax”? What might it mean for your case if the jury […]

The Top 10 Tricks for Using Storytelling for Persuasion in Litigation

October 10th, 2024|

  The ability to tell stories is an essential skill in the legal field, where the goal is to persuade judges and juries effectively. In a world flooded with data and legal arguments, weaving a compelling narrative can make the difference between success and failure in a trial. Here are my top 10 tips for persuasive storytelling in the courtroom. 1. Master the art of storytelling: Captivate the audience and persuade judges and juries by weaving a compelling narrative. See 14 Differences Between a Theme and a Story in Litigation. 2. Understand the power of narrative: Humanize the facts to

Expect Jurors to Censor Their Opinions

October 9th, 2024|

By Dr. Ken Broda-Bahm: With fewer than 30 days to go until one of the most pivotal elections in our history, do you believe the polls?  Many would say “No.” Even when our favored candidate is ahead, we all seem to believe that there is some built-in error in the surveys. People aren’t always willing […]

The Power of Trial Graphics: Boosting Jury Comprehension

October 4th, 2024|

In the courtroom, a picture can indeed be worth a thousand words. Trial graphics are revolutionizing the way jurors understand and retain complex information by transforming abstract concepts into tangible visuals. These graphics serve as powerful tools that break down intricate data into more digestible formats, making it easier for jurors to follow the narrative of a case. Whether it's through detailed charts, immersive 3D animations, or interactive timelines, trial graphics play a crucial role in bridging the gap between complicated evidence and juror comprehension, ultimately enhancing the overall effectiveness of legal presentations. The Evolution of Trial Graphics in Modern

Witnesses, Avoid Absolutes

September 24th, 2024|

By Dr. Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense. Often that opportunity can be achieved by asking the witness to embrace an oversimplified version or their duties and obligations. […]

Consider Involving -Both- Sides in the Mock Trial

September 17th, 2024|

By Dr. Ken Broda-Bahm: Mediation  is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a belief about that, and those beliefs may be […]

Witnesses: Be Tough to Cross

September 10th, 2024|

By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]

The Role of Collaboration in Effective Litigation Graphics

September 10th, 2024|

The collaboration between litigation consultants and trial attorneys is essential for crafting compelling litigation graphics that clearly convey critical points during a trial. I've witnessed trial teams reviewing 20 or more versions of a single graphic. This isn't a drawback; it's a strength. In my view, this iterative process is the optimal approach, provided there is sufficient time to refine the graphics. The Importance of Teamwork in Litigation Graphics Creating compelling litigation graphics is rarely a solo endeavor. It requires the collaborative efforts of litigation consultants, litigation graphic artists, and trial attorneys. Each party brings a unique set of skills

Avoid Legalese, and Other ‘Magic Spells’

September 3rd, 2024|

By Dr. Ken Broda-Bahm: Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same time, they will still try to be concise, correct, and specific. Sometimes, the competing demands can lead lawyers into speaking […]

7 Incontrovertible Rules for Trial Graphics

August 27th, 2024|

Trial graphics are a crucial component of presenting a compelling case in court. From timelines to charts to animations, visual aids can help simplify complex information and make a strong impression on a judge and jury. To ensure your trial graphics are compelling and enhance your legal argument, here are seven hard-and-fast rules to follow:1. Keep it Clear and Concise:One of the most important rules for trial graphics is to keep them clear and concise. Avoid cluttering your visuals with too much information, and highlight key points supporting your case. Use simple language and visuals that are easy to understand