Know When to Go Easy on Hardship

January 14th, 2025|

By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for […]

The Future of AI in Mock Trials: What to Expect

January 8th, 2025|

AI is revolutionizing industries worldwide, and the legal field is no exception. Discover how AI is set to transform mock trials and what this means for legal professionals. The Rise of AI in Legal Practices Artificial Intelligence (AI) is increasingly becoming an integral part of various industries, and the legal sector is no exception. From automating document review to predicting case outcomes, AI technologies are reshaping how legal professionals perform their duties. The adoption of AI has been gradual but steady, with many law firms now integrating AI tools to enhance efficiency and accuracy. As AI continues to evolve, its

Defendants, Frame Your Alternate Damages as a Test, Not an Admission

January 2nd, 2025|

By Dr. Ken Broda-Bahm: Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness. Even when the defense attorney has supplied all of the responsible caveats (e.g., We don’t think you should get to damages, […]

11 Lessons Trial Lawyers Can Learn From Jay Z’s Lawyer Video Presentation

December 18th, 2024|

On Monday, Jay-Z's lawyer, Alex Spiro, held a press conference to address allegations against the rapper to publicly dispute rape claims and clarify the situation. Although the statement's purpose was evident—protecting his client and trying to influence public perception—several visual presentation errors can offer essential insights for legal communications in and out of the courtroom. I am not personally acquainted with Mr. Shapiro, but his firm, Quinn Emanuel et al., has been a client. Overall, I believe he performed exceptionally well and commend his assertive defense. It essentially acknowledges that Jay-Z faces a more significant threat to his reputation than

Account for the New Low in What Jurors Think of Health Insurers

December 9th, 2024|

By Dr. Ken Broda-Bahm: In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after he is gone. This Christmas, that part of the seasonal story might be hitting […]

The First Amendment on Trial: Factors that Influence Juror Receptivity

December 6th, 2024|

When the First Amendment was ratified in the U.S. Constitution over 200 years ago, it aimed to prevent government overreach by safeguarding free speech and other individual liberties. Since then, it has been warped into the right to say whatever you want without consequences. This has coincided with a shift from using the First Amendment to protect minority viewpoints to a more conservative perspective that believes political correctness has gone too far. Since the rise of the MAGA movement in 2016, supporters have become vocal advocates of free speech, citing concerns about media bias and online censorship. But political rhetoric

New DOAR Study Reveals Generational Divide in Attitudes Toward Trade Secret Protection

December 5th, 2024|

Report Shows Younger Professionals More Accepting of Trade Secret Sharing, While Occupation and Gender Significantly Impact Views on Intellectual Property Rights December 05, 2024, New York, NY — DOAR, the nation’s leading trial consulting company, today released findings from a comprehensive study examining attitudes toward trade secret protection and intellectual property rights across major IP litigation venues. The survey revealed significant generational and demographic differences in how potential jurors view the retention and sharing of confidential and technical information, with implications for both litigation strategy and corporate policy. The report, “A Study of Jurors’ Attitudes Toward Theft of Trade Secrets

Expand Voir Dire

December 2nd, 2024|

By Dr. Ken Broda-Bahm: Here’s a welcome development: The state of Maryland has embarked on a pilot program to test out the effects of expanded voir dire. In many parts of the country (looking at you, Arizona) the ability of litigants to explore and deselect jurors based on bias is being reined in, with some […]

See Your Case from the Jury’s Eyes: My Time in the Box

November 26th, 2024|

Guest post by Josh Haby: When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm, I studied Psychology and Law, and […]

Top 24 Litigation Consulting Report Articles of 2024

November 20th, 2024|

Explore the most captivating and insightful litigation consulting articles that drew the interest of tens of thousands of readers in 2024. With nearly 1,000 articles on our site covering a wide range of litigation consulting topics, I find it beneficial to occasionally pause and review what our audience is engaging with. These are the top articles, as determined by your readership, in 2024. The Evolution of Litigation Consulting in 2024 The landscape of litigation consulting has undergone significant transformations in 2024. With advancements in technology, this year has seen pivotal changes that have reshaped the industry. Our readers have shown