Archives – Page 44 – The Red Well

Chokehold of Technology

November 12th, 2020|

Technology is great, except when it isn’t. As written in a prior post, Magnus relocated its office. Moving furniture and artwork is one thing, moving computers, phones, etc. is quite another. We were fortunate in that our new office space was pre-wired in a way that was easily adaptable. What was unanticipated was the degree of difficulty in moving and setting up our existing equipment in the new place. We didn’t expect the amount of trouble we had in the form of system failures! The copier/scanner is heavy and cumbersome to handle and it took a hit during the move.

Overcoming the Death of Facts at Trial, Part 2

November 11th, 2020|

I wanted to begin this column with the observation that the election is finally over, but your perspective on that probably depends on your political affiliation. Setting aside the outcome, it is notable that more people voted in the 2020 presidential election than in any other presidential election in United States history. While Biden received the most votes of any presidential candidate in history, Trump received the second most in history. What we learned most from this election and the continuing aftermath is that we are a deeply divided nation that can look at the same facts and arrive at

What Pandemic Misinformation Teaches Us About Improving Our Own Case Stories

November 10th, 2020|

At this point, one could make a strong argument that misinformation about the novel coronavirus has proliferated even beyond the virus itself. Unproven treatments, conspiracy theories, and the politicization of protective measures are but a few examples. Which probably shouldn’t surprise us. Misinformation is its own modern-day plague. Back in 2018 (those sweet, simple times), it was Dictionary.com’s “Word of the Year,” a reflection of its impact on our cultural climate. But when it comes to the current deadly pandemic, about which it is so imperative we are all on the same page, the prevalence of misinformation hits that much harder.

Medical Risk Assessments in the COVID-19 Era: Lessons for Drug and Medical Device Defendants

October 30th, 2020|

As the COVID-19 pandemic drags on in the United States, there are potentially many changes in attitudes and behaviors that could take place in the American population. The experience of quarantine, economic uncertainty and the unprecedented health risks all could contribute to unique changes in society. One area in which a change might occur is in risk-taking attitudes and behaviors, especially in a medical context. Will people be more willing to take risks, given the desire to maintain somewhat of a normal lifestyle during the pandemic? Or, will the fear created by dangers of the virus cause people to adopt

Strategic Insights on Affective Economy: Countering Juror Anger With Sadness Can Exert Downward Pressure on Damages

October 29th, 2020|

A few weeks ago, I wrote about the impact of emotional economy on juror decision-making. Research tells us that the emotional state of jurors has distinct impacts on the way they process and apply evidence and testimony at trial. We also know that in times of a national crisis, like the one we are currently experiencing with the COVID-19 pandemic, people’s emotional states are heightened and amplified. What this means is that you can gain a distinct advantage at trial by understanding how emotional states impact cognition, decision-making, perception of evidence, and your client. Effective plaintiffs can win massive damage

How to Improve Negotiations, Part 3: Communication Factors & Barriers

October 29th, 2020|

Communication in negotiations is complicated. Even when we think we’re making explicit offers and demands, we often send unintended messages that can hurt our bargaining position – whether regarding the flexibility of our offer, our motives, or our honesty. The opposing party can infer such messages based on our offers or concessions, what we say, and how we say it. Previously in this blog series, we covered tips for negotiation planning and strategy, followed by a discussion of three key psychological biases you can leverage. Now, we turn to the subtle communication strategies that can influence the direction of your

How to Improve Negotiations, Part 2: Psychological Tools

October 22nd, 2020|

The human brain is extraordinary, but it is limited in how much information it can process. Our minds simply cannot handle the effort necessary to take in everything we see, hear, or read. Because of this, we’re often influenced by cognitive biases when processing information and making decisions – even crucial ones; although research has shown that the brain will put forth great effort in especially important situations, cognitive biases will still likely play some part. So as we continue with our discussion of ways to improve our negotiation outcomes, it is worth examining how psychological biases can both hinder

Are Millennial and Gen Z Jurors More Likely to Go Nuclear? Interesting Findings from Controlled Studies

October 21st, 2020|

Millennial and Gen Z jurors. If you are a defense attorney, your blood pressure might already be rising at the mere mention of the emergence of these jurors. After all, millennial and Gen Z’ers are often cited as one of the primary causes of the rise of so-called nuclear verdicts. The narrative generally goes that they are anti-corporate, too idealistic, and, in some cases, too young to have any realistic concept of money. Some of them have weird tattoos. Some of them have unnatural colors in their hair. Many of them cannot enjoy a night out without staring at

Key Insights You May Not Have Considered for Jury Selection Over Zoom

October 14th, 2020|

As some of our readers may already know, King County Superior Courts in Seattle, Washington have resumed civil jury trials with a novel strategy for minimizing potential COVID exposure: jury selection over Zoom, followed by an in-person trial with a variety of social distancing and other protective measures in place. The King County judges and court staff deserve a great deal of credit for what they have accomplished. I was an early skeptic due to all of the potential complications, but the process they have put in place works incredibly well, with only a few minor bumps in the road.

The Power of Pessimistic Practice

October 11th, 2020|

You can’t walk around with your ears open in America without hearing about the “power of positive thinking” – even as a litigator and trial lawyer who lives in the throat of conflict and negativity much of the time. Certainly, part of your job as a trial lawyer is to project confidence in your ability to successfully resolve your client’s case. If you are a successful litigator, though, you probably will not be surprised that psychologist Gabriele Oettingen suggests in her new book, Rethinking the Power of Positive Thinking, that “positive thinking” isn’t all it’s cracked up to be. In