By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they are almost certainly doing it the old-fashioned way. New research, however, continues to demonstrate […]
By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in the minds of many jurors and some judges, facts and opinions end up being combined and mixed. The […]
I often talk about what not to do, but sometimes, I must remember to mention what you should do to achieve success at trial. In honor of leap year 2024, I have written this article offering 29 tips for successful trial preparation and execution. You can use this list as a checklist to compare yourself to your peers. I did not develop these ideas alone. Instead, they come from my experience working with the best of you over the past 30 years. 1. Conduct a mock trial. The very best litigators always conduct a mock trial when at least $10 million is
By Dr. Ken Broda-Bahm: In just over a month, barring any unforeseen delays, New York prosecutors and attorneys for criminal defendant Donald J. Trump will be picking a jury in what’s become known as the “hush money” case. The March 25th trial focuses on the payments the defendant made to former porn star Stormy Daniels […]
Discover the top blunders that litigators make in their trial presentations and learn how to avoid them for a successful outcome. 1. Overloading slides with text and information One common mistake that litigators make in presentations is overloading slides with too much text and information. This can overwhelm the judge and jury and make it difficult for them to focus on key points. It's important to keep slides concise and use visuals to support the content. Additionally, overcrowded slides can detract from the overall visual appeal of the presentation. See 12 Ways to Eliminate "But I Need Everything On That
Jurors who fail to reserve judgment against a defendant until after they hear the evidence are neither fair nor impartial. A problem for jurors is that the legal presumption of innocence can be at odds with their beliefs, pre-evidence, about the factual innocence of any defendant put on trial. Jurors recognize that criminal defendants are on trial because police officers, prosecutors, and preliminary hearing judges or grand jurors believe them to be guilty. Jurors also gain information in voir dire that can bias them with respect to the factual innocence of a criminal defendant. A key question is whether the
I have the privilege of working with some of the most skilled trial lawyers in the country. They are an impressive group, possessing extensive knowledge of the law, unwavering work ethic, and expertise in the courtroom. In addition, they have an intangible charisma that allows them to command a room the moment they enter. Great trial lawyers can establish a magnetic rapport with judges and jurors that is awe-inspiring and hard to explain. As a trial consultant, we should observe this connection and let it propel us to victory. Because of this natural charisma, many top trial lawyers worry that
So your trial is coming up soon, and it looks like it will definitely happen. So now is the time to get a graphic designer to start developing some of your themes and arguments into clear and persuasive graphics, right? Wrong! The time to have started that is long past. If you develop graphics at […]
People, including judges and jurors, have a tendency to believe the information they receive. Taking information as true by default is referred to as the truth bias. Sometimes, the information people receive is discredited. When that happens, people are more likely to misremember as true a piece of information they have been told is false, than to misremember as false a piece of information they have been told is true (Pantazi, et al., 2020). Are judges and jurors, as legal fact-finders, able to disregard discredited information? Said differently, are judges and jurors able to set aside their truth bias and
By Dr. Ken Broda-Bahm: In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential jurors’ ability to be fair in following the law and the […]