Archives – Page 5 – The Red Well

10 Common Mistakes Defense Attorneys Make With Their Damages Strategies

May 14th, 2024|

So much discussion has been had about the state of juries these days due to the rising trend in nuclear verdicts. Jurors’ declining trust, changing value of money, desire to change the world with their verdict, and the growing millennial/Gen Z make-up are just a few of the common gripes we hear from defense attorneys. Of course, there is truth in each of these, but the complaint we hardly ever hear is how the defense attorney made mistakes at trial that contributed to the outcome. In this business, it is extremely difficult to acknowledge or admit mistakes. Clients only want

DOAR Releases Results from a National Survey of Jurors’ Attitudes Toward Pharmaceutical Companies

May 14th, 2024|

May 14, 2024, New York, NY—DOAR, the nation’s leading trial consulting company, today released important findings from a new national study that examines several issues suspected of influencing jurors’ baseline attitudes toward pharmaceutical companies. The findings indicate that opinions of the pharmaceutical industry are generally favorable despite a prevailing view of it as profit-centric. The study also concludes that recent trends in certain types of drugs and vaccines have a meaningful impact on views of the industry. The study, conducted by the DOAR Research Center, sought to reflect a broad spectrum of community attitudes across the United States. It was

Your Voir Dire Questions: Don’t Be Scared of Simple

May 7th, 2024|

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury. Alas, I was just one of the many “gallery ghosts” watching as others were questioned, […]

Good Luck Finding a (Good) Trial Technician in May or October

May 7th, 2024|

Aspiring lawyers and legal professionals may be surprised to learn that finding a competent trial technician during May or October can be challenging. The reason for this is simple: most are already busy working on long trials scheduled by judges who want to avoid holiday and vacation periods. Those not familiar with the role of a trial technician are responsible for ensuring that all courtroom technology runs smoothly during a trial. This includes setting up and maintaining audio and visual equipment, preparing exhibits, and managing the presentation of evidence. Given the critical nature of their work, it's no surprise that

Ground Your Hypotheticals

April 30th, 2024|

By Dr. Ken Broda-Bahm: Last week, the U.S. Supreme Court heard oral arguments on yet another momentous legal issue – this time, the claim of absolute immunity from criminal prosecution for claimed official acts by former President, Donald Trump who faces, among other charges, four criminal counts involving conspiracy to defraud the government, disenfranchise voters, […]

21 Secrets From an Opening Statement Guru

April 29th, 2024|

80% of jury trials are won or lost in the opening statement. 80%!!!!!! If you lose to your opponent in opening statements, your chances of winning the case become very slim. Over the past 25 years, I have participated in the drafting of hundreds of opening statements. Sometimes, it's 20% me (and others) and 80% first chair trial counsel; sometimes, it's the other way around. No matter what, it is always a collaborative process. And it's one of the things I enjoy most about my job. Reflecting on these 25 years, I offer twenty-one tips for writing and presenting a

Don’t Rely on Luck in Picking Your Jury

April 23rd, 2024|

By Dr. Ken Broda-Bahm: As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the unfairness of the venue, the charges, the judge, and the trial process as a […]

7 Jury Selection Issues in Trump NYC '24 Trial: What's Going Wrong?

April 19th, 2024|

The Trump trial in New York has been discussed for months. With the jury selection process well underway, several things have gone wrong that could potentially impact the trial's outcome. In this blog post, I'll discuss seven of these issues. 1. Jury members with biases: Finding unbiased and fair jurors is one of the most significant challenges during jury selection. In the case of the Trump trial, potential jurors may have already formed an opinion about the defendant due to the extensive media coverage of the trial. The political climate surrounding the case could also lead to jurors having predetermined

How are jurors affected by the image size of presented videos? | Online Jury Research Update

April 16th, 2024|

Courtroom videos are presented in a variety of ways to jurors, being shown on such devices as small screens in the jury box, big screen television monitors, and large format projection screens. How does the size of video images presented to jurors -- small, medium or large -- influence jurors' decisions? Wendy Heath and Bruce Grannermann (2014) examined the effect of video image size on jurors' verdicts. A total of 263 jury-eligible mock jurors were presented a trial summary about a female defendant charged with murder. For half of the jurors, the trial summary presented strong evidence against the defendant,

Is Your Jury Consultant Doing These 12 Things Helping You Prepare for a Mock Trial?

April 12th, 2024|

Preparing for a mock trial can be daunting, especially if you're unsure how to proceed. That's where a jury consultant comes in. A good jury consultant can help you prepare for a mock trial in various ways. In this blog post, I'll discuss 12 things your jury consultant should do to help you prepare. 1. Developing a Theme One of the first things your jury consultant should do is help you develop a theme for your case. A theme is an overarching idea that ties together all the evidence and arguments in your case. Developing a theme early on can