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Three Top Trial Lawyers Tell Us Why Storytelling Is So Important

January 17th, 2017|

by Ken LopezFounder/CEOA2L Consulting We recently had the opportunity to interview three top trial lawyers. We asked them for their views about the practice of law and about what really works at trial. Collectively, more than 100 years of wisdom are speaking in these interviews. I couldn't agree more with these trial lawyers’ positions, and over the coming weeks, we will share some of these interviews, edited for clear and quick messages and understanding. These three lawyers, Patrick Coyne, Rob Cary, and Bobby Burchfield, are at the top of their field. Let's hear what they have to say about storytelling

How to Use Litigation Graphics in Antitrust Cases

January 9th, 2017|

by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting At first glance, antitrust cases seem like unlikely venues for the successful use of litigation graphics. Antitrust law has the reputation for being arcane, abstract and statistical, and to some extent the reputation is justified. After all, this area of law deals with the workings of supply and demand and other economic questions, and the issue is often whether competition (or potential competition) in a market has been suppressed in some way. These matters aren’t remotely within the daily experience of jurors. How can a litigator use graphics in antitrust cases to make

7 Habits of Great Trial Teams

January 3rd, 2017|

by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting Ken Lopez, the CEO of A2L Consulting, and I were talking the other day about some good books to read for the holiday season.  I suggested a current best-seller, Thomas Friedman's Thank You for Being Late - strongly recommended to me by my dear friend and mentor, Jim Hostetler. But Ken guided me to another book, a best-seller written 15 years ago by Jim Collins, called Good to Great.  It was a great read. Although the book is principally a heavily researched analysis on what differentiates a great company from just a good company, I believe that many of

The Importance of Litigation Graphics in Toxic Tort Litigation

December 28th, 2016|

by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting If anyone thought the era of toxic tort litigation was coming to an end, they were wrong. The Environmental Protection Agency recently announced its priority list of 10 chemicals, including asbestos, that it is considering banning under the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Although it remains an open question how aggressive the Trump administration will be with safety regulations, the reality is that regulatory lists like this, and the inevitable studies that follow, often become a treasure trove of “support” for a plaintiffs’ bar eager to add scientific

Announcing A2L’s New Storytelling Webinar

December 21st, 2016|

by Ken LopezFounder/CEOA2L Consulting Tony Klapper joined the A2L team after a vibrant and successful career as a litigator at law firms like Kirkland & Ellis and Reed Smith. One of the reasons that he has meshed so well with the culture here at A2L is his penchant for storytelling, particularly as it applies to persuading in the courtroom. In the past year, I've had the pleasure of watching Tony deliver private storytelling training sessions to litigators at many of the very top litigation law firms. And I have also had the distinct pleasure of watching him work with our

Why You Should Pressure-Test Your Trial Graphics Well Before Trial

December 16th, 2016|

by Tony KlapperManaging Director, Litigation ConsultingA2L Consulting Quite often, law firms hire companies like A2L before trial to do jury research. That research usually takes the form of bringing in a mock jury, exposing the mock jury to the story that will be presented by both sides, and then engaging the mock jury in a single-day (and sometimes multi-day) focus group exercise to find out what aspects of the two sides’ presentations worked and what didn’t. The central part of these mock jury events is the dueling “clopenings” that are put on by different attorneys from the trial firm –

Mastering Group Voir Dire: Tip 2—Getting Jurors to Talk from the Start

July 29th, 2016|

August 2, 2016 Jeffrey T. Frederick, Ph.D.     Voir dire can be an intimidating situation for the attorney—but just think what it is like for the potential jurors. Answering questions, often of a personal nature, in open court, in front of their fellow jurors, the judge, attorneys, and even the media can make anyone nervous and reluctant to talk. But talk they must if we are to have a useful voir dire.  Sure, you can ask potential jurors questions and hope that you get everyone to talk.  And, of course, you have seen Tip 1 and are ready to have a conversation

Mastering Group Voir Dire: Tip 1—Adopting the Proper Orientation for the Voir Dire Setting

July 7th, 2016|

July 7, 2016 Jeffrey T. Frederick, Ph.D.      As I mentioned in the introduction to this series on Mastering Group Voir Dire, group voir dire is the most challenging format for questioning jurors and getting them to respond honestly and candidly. The first tip in our series focuses less on the jurors and more on the attorney who is conducting voir dire questioning.  It is the orientation or approach that the attorney takes to the questioning process that sets the tone for voir dire. (Click here to see a short video for this tip.)      How you approach voir dire

Trial Judges: Can We Talk?!—Supreme Court Case of Foster v. Chatman

June 13th, 2016|

June 13, 2016 Jeffrey T. Frederick, Ph.D.      I usually address my posts to attorneys with suggestions concerning jury issues.  But today, I want to address trial judges (and attorneys) in light of the recent decision in Foster v. Chatman, 136 S. Ct. 290 (2016), concerning the discriminatory use of peremptory challenges. Foster v. Chatman: Poster Child for Discriminatory Purpose      First, some basic facts. Timothy Foster, a black man, was convicted of capital murder in Georgia in 1987, months after the landmark Batson v. Kentucky, 476 U.S. 79 (1986), decision banning discriminatory use of peremptory challenges based on race.  While

Announcing the Mastering Group Voir Dire Tips Series

March 7th, 2016|

March 7, 2016 Jeffrey T. Frederick, Ph.D. Group voir dire is the most challenging format for questioning jurors and getting them to respond honestly and candidly. However, it is not hopeless. Over the course of this year, I will present a series of short tips on how you can conduct group voir dire more effectively and get the most out of this format.  I will address 10 tips using both blog posts and companion short, two-minute videos (check out the introduction here).  The tips will address the following topics:      Tip 1:  Adopting the Proper Orientation for the Voir Dire