A client of ours recently told me his motto was better safe than sorry. This was in the context of setting a meeting and allowing adequate time for Miami traffic – which can be a real challenge. But, his motto is something I’ve often thought about and attempted to use, tactfully, with potential clients who are on the fence about conducting mock jury research. Over the past 25+ years working with attorneys, I’ve talked with many who were unsure whether it was “worth the money” to conduct jury/fact finder research when they think they have a pretty good handle on

During my recent jury duty experience, I noticed posters around the assembly room entitled “Juror Responsibilities Regarding the Internet and Social Media” produced by the National Center for State Courts and Center for Jury Studies. I am well aware of the issues related to jurors and social media or the internet. And, I think I’d seen a mock up of this poster in the past in NSSC emails. But, being in the assembly room and seeing it on the wall, I had a different reaction than when I’d seen it previously. The poster states: “FAIRNESS TO THE PARTIES IN ALL

A few weeks ago, a multi-colored piece of mail arrived at our house. Melissa got her hands on it when she checked the mail and, sounding like Nelson from The Simpson’s, said “Ha ha; you’ve got jury duty.” I’ll add, again – at least my 4th or 5th time in Broward County. While I’ve written about it before, I had some additional thoughts based on my latest experience. First, the hurry up and wait part. It starts with the security line, early in the day for me; the reporting time is 7:45 a.m. Screening is similar to boarding a flight.

Being busy is a good thing when you own your own business, law practice, etc. I find it interesting, though, that other people do not share my perspective. From time to time, when speaking with someone who doesn’t quite appreciate that busy is good, I try to understand why. When this happens, the person to whom I’m speaking is usually not the firm owner, but rather, a staff member. I get it; sometimes the person’s pay does not change regardless of how busy he/she is, though often it does. Several incidents stick in my mind. One was a client’s paralegal

The old adage “if you have to ask the price, you can’t afford it” doesn’t apply to litigation. In part, this is because, especially in the context of civil litigation, affordability is not decided by the buyer. Buyers (insurance claims adjusters, for example) usually operate as if there is no price tag to check. We have worked with hundreds, or perhaps thousands, of these types of buyers and they have methods they use as a part of their case evaluation to figure what they consider a “reasonable price” to resolve the case – that is, “buying” the claim. It may

I “appropriated” the title of this post from a litigation graphics consultant I heard speak recently at a Florida Bar function. I thought she was on to something with this simple, contrasting, perspective. Litigation is a “game” of strategy, and like good chess players, litigators are good at these strategies. They can move all of the pieces as they file and answer the pleadings, take depositions, attend hearings, and participate in mediation, and more. These traditional activities do resemble the strategic actions and decisions in a game like chess. The game changes, however, when it comes to playing “games” with

The topic of O.J. Simpson came up recently in a discussion I recently had about the world of trial consulting. The murder of O.J.’s former wife, and the subsequent trial, was one of the first televised celebrity mega trials. For better, or worse, almost everyone was aware of the accusations against O.J. in that case. The impact on the practice of law in America was tremendous. Millions of people followed every minute of the trial, heard every ruling by Judge Ito, and every argument by the prosecuting attorney, Marcia Clark (who subsequently wrote a book) and the defense lawyers (Johnny

CYA, 3 little letters about something important – self protection. Cover your ass – there, I’ve said it. I don’t know when I first realized that attorneys sometimes use a mock trial to protect themselves from their client. There are many reasons for a mock trial but it was perhaps the attorney who once told me “My client thinks the case is worth $200,000; I think it’s worth more than the $1,000,000 policy. One of us is wrong and we need to find out now, not in the courtroom.” This was a defense attorney and, over the years, both defense

More often than one may think, I’ve been told by attorneys, who are the majority of our clients, that they never read our contract. This usually emerges when some detail “surprises” them. Yes, they received and later signed the contract to authorize our work. Yet, they often indicate that they did not see or understand some term or condition. The terms and conditions in our contract have evolved over the years as various clients have found ways to twist things to their advantage, that is, they try to take advantage of us and our work. And, while it is a

Some of these posts are prompted by the puzzling events which occur when operating a business, especially one with high stakes, with litigious people, and the stressors of succeeding when facing tremendous pressure and challenges. I recently met with an attorney who asked me to meet with him about a case and ultimately requested a proposal. As I always do, I prepared and sent the proposal as promptly as possible and then made a follow up call to find out if he had any questions about my proposal. Many times, the next step is a conversation with the other attorneys