20 Lessons Learned from Trials in the COVID Era – Part 2

February 4th, 2021|

COVID-19 has shifted much of the litigation process into unfamiliar virtual territory. Luckily, we’ve assisted with quite a few trials during this period, and have emerged with some valuable experiences and lessons. In Part 1, we covered our top tips for conducting effective voir dire/jury selection in a virtual or semi-virtual setting. Now, we move on to remote witnesses (i.e., streamed via videoconference software like Zoom), as well as general presentation technology tips: COVID Remote Witness Tips Your Zoom witnesses should create a “set” in the room they’ll testify from. Similar to our recommendation for attorneys, your witnesses will come

11 Tips for Persuasive Zoom Presentations

February 3rd, 2021|

We are almost one year into the COVID-19 pandemic and Zoom (referring to both the specific platform and generically to all videoconferencing) has become the predominant method of professional communication. Attorneys attend hearings over Zoom, pitch their services to clients, and in some venues, even try cases to juries remotely. In this week’s blog, I want to explore the components of effective presentation over Zoom. Here are eleven tips that I developed with Dr. Mike Anderson, an expert in public speaking, to enhance the quality of your Zoom presentations. 1. Sit closer to the camera. One study examined the relationship

20 Lessons Learned from Trials in the COVID Era – Part 1

January 28th, 2021|

Having assisted with nearly a dozen jury trials during the COVID-19 pandemic, both in person and by Zoom, we’ve learned a lot along the way. While courts and litigators are adapting admirably to social-distancing protocols and the increased (or total) use of video-conference platforms like Zoom, it’s still a novel experience for many. So, for those preparing to return to trial in the coming months, we wanted to offer our top tips based on what we’ve personally encountered in these COVID-era trials. In Part 1, we begin with 10 ways to help you handle voir dire/jury selection during COVID:

Strategies for Overcoming Anti-Fact and Anti-Expert Bias at Trial

January 26th, 2021|

Lately, we have been doing a lot of reading and writing about emerging “anti-fact” or “anti-expert” views and their impact on trial practice.  As we have discussed in previous blogs, people are much more inclined than in the past to use their own experiences as the only evidence needed for how the world works and the truth or falsity of particular events. A research article in the Journal of Political Psychology took this finding one step further and compared one’s willingness to accept scientific evidence to their political ideology. In a nutshell, conservatives were more likely to hold less favorable

PowerPoint Exhibits: Good-Bad-Ugly

January 21st, 2021|

I had an interesting conversation today with a client who was preparing a PowerPoint presentation for an upcoming mock trial. As we discussed his plan, he mentioned that he was planning to use 20 slides for a 10 minute presentation. I tactfully suggested that 1 slide every 30 seconds is too many. This led to a discussion beyond his case during which I explained that PowerPoint should not be used as a script. Whether for a trial, a business meeting, or for any type of presentation, using PowerPoint (or any related electronic presentation tool) as a script is a bad

INTERVIEW: A Judge’s Perspective on Remote Jury Trials

January 20th, 2021|

Hits: 6In the fall of 2020, King County Superior Court (Seattle) Judge David Keenan presided over a 15-day Zoom jury trial, making him one of only a small number of judges across the United States to have done so. The length of the trial is particularly notable given that most remote jury trials reported in news have been shorter in length by comparison. Judge Keenan now provides guidance to other judges as they order remote jury trials to help keep the wheels of justice moving during the pandemic. However, many trial attorneys remain anxious and uncertain about remote jury trials,

Our Top 10 Blogs of 2020

January 20th, 2021|

2020 may thankfully be in the rear view, but be sure not to miss our most popular and talked-about blogs of this past year. Some are older entries that continue to prove invaluable to litigators; others reflect just how much 2020 has changed the legal landscape. Either way, we believe they offer crucial insights for your future courtroom – or virtual courtroom – endeavors. Top 10 Blogs of 2020 How to Conduct Your Deposition by Video Conference Video conferencing isn’t perfect, but at least for now, it may be a mandatory element of your trial. And for testimony as important

INTERVIEW: A First-Hand Perspective of Remote Trials

January 13th, 2021|

Remote trials represent a new frontier for most attorneys. As courthouses across the country cope with the COVID-19 pandemic, many are offering the option of a remote trial. One federal judge even ordered a remote jury trial over the objections of the defendant in the case. In this week’s blog, we interview Joe Grube from Breneman Grube Orehoski, PLLC in Seattle, Washington. Joe recently finished up a remote bench trial and shared his experience with us. How would you describe the overall experience of a Zoom trial? Overall, I would say it was good. There are many formalities of a

A Close Look at the Logistics of Online Mock Trials

January 6th, 2021|

In the early months of the pandemic, most of our clients chose to postpone their mock trials and focus groups to later dates when it would be possible to conduct them in person. After all, it was unclear when the courts would open and when trials might resume. Much has changed since then. Several trial venues have adopted hybrid approaches to trial where jury selection is conducted online while the trial is conducted in-person. Some parties have agreed to conduct entire trials online. In December, a federal judge ordered a remote jury trial over the objections of one of the

When is the Last Time You Learned Something?

December 29th, 2020|

One of the strangest objections I have heard, relatively often, during my career as a jury/trial/litigation consultant goes something like this: “Well, I have been a VERY successful trial lawyer for many, many years and I have never, ever, hired a trial consultant. What in the world could I possibly learn from you, or another so called jury expert, that I don’t already know?”. Wow! Talk about being closed minded! Thinking that one knows everything there is to know about human behavior, jury decision making, group dynamics, or cognitive psychology, social psychology (particularly when, as an attorney, one has zero