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 […]
Discover why using bullet points in PowerPoint presentations can hinder your ability to persuade and learn powerful tips to enhance your presentations. The Problem with Bullet Points: How They Kill Persuasion Bullet points have long been a staple of PowerPoint presentations. However, their overuse can actually hurt your ability to persuade and engage your judge/jury. Bullet points are often used as a crutch, allowing presenters to simply read off the slide instead of creating a compelling narrative. This can lead to a lack of connection with the judge and jury and a diminished impact of your message. Additionally, bullet points
As a trial attorney, your opening statement is one of the most crucial parts of your case. We wrote a book about opening statements and offered webinars about opening statements. The opening statement sets the tone for the entire trial and can make or break your case. That's why it's so important to get it right. One way to ensure that your opening statement is effective is to enlist the help of a trial consultant. Here are 10 reasons why you should ask your trial consultant to write a draft, maybe only the first draft, of your opening statement. 1.
By Dr. Ken Broda-Bahm: In the most recent verdict against former President Donald Trump, the jury awarded quite a bit more than the plaintiff had asked for. In the case of the $83.3 million defamation award made to the writer, E. Jean Carroll, we have a special case: a defendant who did just about everything […]