What makes an expert witness persuasive to jurors? Online Jury Research Update

August 26th, 2021|

Expert witnesses testify in the vast majority of trials (see, for review, Jurs, 2016). Research conducted over three decades involving jurors in actual trials with expert testimony produces highly consistent results about what makes an expert witness persuasive to jurors. In the 1990s, Champagne and colleagues (Champagne et al., 1991; Shuman et al., 1994) surveyed jurors about the characteristics necessary for an expert to be effective in court in four different cities. Jurors reported that....

IMS Consulting & Expert Services Acquires Nationally Recognized Jury Consulting Firm Litigation Insights

August 25th, 2021|

IMS Strengthens Jury Consulting and Visual Communication Offerings to Corporate Clients, AM LAW, Boutique Firms IMS, the award-winning consultative trial and expert services firm, announced today that it has acquired nationally recognized jury consulting and visual communication firm Litigation Insights. Clients will benefit from the firms’ combined scale and increased depth and leadership in jury consulting, trial graphics, and presentation strategy.   IMS is the only fully integrated trial services team that delivers the essential tools trial lawyers need for an optimal outcome. Together with Litigation Insights, the firm offers clients expanded access to top talent and best-in-industry support through every phase of litigation, including trial persuasion strategy, expert witness selection and preparation, jury consulting, trial graphics, and trial presentation for remote

How helpful is expanded voir dire in civil cases? Online Jury Research Update

August 12th, 2021|

The law regarding jury selection in civil cases varies widely across trials, venues, judges and court systems. Voir dire can be fast or slow, done by attorneys and/or a judge, and focus on biographic, experiential and/or attitudinal information. Three types of voir dire are common in civil cases...Campbell and colleagues (2020) examined the effect of basic, minimal and expanded voir dire on 2,041 mock jurors across three different civil cases....

Avoiding the Chaos Hammer in Your Litigation Case Story

August 10th, 2021|

In the final episode of the first season of Ted Lasso, the Apple TV comedy starring Jason Sudeikis as an American football coach turned English Premier soccer coach, Ted tells the team that in order to beat Man City, they have to try something new, and that meant pulling out every trick play the players had ever come up with, in order to create “chaos and confusion.” Ted summarized that they were going to hit Man City with the “Chaos Hammer!” Besides providing an opportunity to reference my favorite show of all time, the “chaos hammer” made me think about

Do judges set aside a defendant's history and character when determining guilt? Online Jury Research Update

August 6th, 2021|

The biography and character of a criminal defendant are legally irrelevant factors in the determination of guilt, particularly the definition of a crime. While jurors' attributions of blame often consider a criminal defendant's history and character, judges are expected and trained to decide guilt according to the facts and the law, and to ignore legally irrelevant factors such as sympathy.....

Do per diem or lump sum requests yield larger punitive damage awards? Online Jury Research Update

July 31st, 2021|

Punitive damages are meant to punish a defendant and deter similar conduct in the future. The U.S. Supreme Court suggests that the ratio of punitive damages to compensatory damages generally should not exceed 9:1 (State Farm Mutual Auto Insurance Company v. Campbell 538 U.S. 408, 425 (2003)). The specific amount of money that punishes a defendant and deters similar conduct, however, is subjective and left to each case's decision-maker. Conklin (2021) examined whether a lump sum request (for the total amount desired) or a per diem revenue request (asking for a specific number of days of the defendant's revenue) yielded

Now I get it…

July 29th, 2021|

I’ve noticed a phenomenon when working with clients who have never utilized a trial consultant. The only thing I can think of as a way to describe this is “Now I get it…” Attorneys/clients do not always hire us because they want to. There are times they are “encouraged to,” told to, or forced to hire a trial consultant by their client. In one memorable situation, the person experiencing the revelation was the co-counsel and the lead counsel forced the hiring decision on him. The “it” in this situation is why they hired the trial consultant in the first

Adapting Advocacy for the Post-Pandemic World

July 29th, 2021|

Legal advocacy has changed. The pandemic has seen courts and parties adopting technology to depose witnesses, hold hearings and mediations, and conduct trials in all-virtual or “hybrid” environments (such as jury selection by Zoom and trial in person). As a result, the ways attorneys tell case stories have had to adapt to the unique situational factors of a courtroom that exists entirely online, or one that has been drastically modified to fit social-distancing guidelines. If you are an attorney on one of the hundreds of cases pending as courts open in your jurisdiction, you may be breathing a sigh of

Juror Engagement Versus Juror Listening

July 27th, 2021|

Kathy was dead set on sticking it to our client, the defendant. She knew in her bones that things had happened just the way the plaintiff had described, and it made her angry. It was only a few years earlier that Kathy had experienced a similar situation in her workplace where she was passed over for a promotion. It marked the beginning of a year-long unraveling of her life and Kathy blamed it all on her employer. As she listened to the plaintiff’s story, Kathy could see it perfectly in her head, as if she was personally experiencing it all

Effort Justification

July 27th, 2021|

Social psychology is amazing (at least, in my opinion!) in its ability to explain things that would otherwise be hard to understand. Take the topic of effort justification as one example. Cognitive dissonance theory postulates that people do not like to have two attitudes or beliefs that conflict with one another. Cognitive dissonance leads to an internal tension. For example, if I pay a lot of money to see Paul McCartney in concert, then upon attending the concert, found out he could no longer sing, I would have cognitive dissonance. (Note to the reader: This would be impossible! Paul