By Thomas M. O’Toole, Ph.D. Many attorneys and academics love to debate when cases are won or lost. Some argue that cases are won or lost in jury selection. Others point to opening statements. Research has yet to offer a definitive answer, mainly because the answer is that it is a little bit of everything. However, cross-examination rarely gets mention in the debate. Cross-examination has long been the land of lost opportunities for attorneys, particularly defense attorneys. There is so much that can be accomplished in cross-examination, yet it rarely receives the necessary pre-planning that it requires. Sure, attorneys outline

In this episode of The Sniper Defense, Podcast Playbook for Defense Attorneys, Thomas M. O’Toole, Ph.D. discusses strategies for defense attorneys to exert greater influence over the content and structure of jurors’ notes.

In this episode of The Sniper Defense, Tom discusses the 10 common mistakes made by defense attorneys that cause them to lose at trial.

By Thomas M. O’Toole, Ph.D. “Themes” and “story” have been the buzzwords of the jury consulting industry for nearly forty years. Judging from the vast majority of calls that I receive, these two items are what most defense attorneys believe are the missing pieces in their efforts to convince the jury to find for the defense. It can be challenging to develop a theme or a story. It sounds so simple, yet it can be unclear about how you go about developing them. Fortunately, there are experts like me who can assist defense attorneys with this process. However, for a

In this episode of The Sniper Defense, Tom discusses practical strategies for defense attorneys to consider as they try to make the most of their cross examination opportunities during the plaintiff’s case-in-chief.

In episode 8 of The Sniper Defense, podcast playbook for defense attorney, jury expert Thomas M. O’Toole, Ph.D. discusses the popular plaintiff strategy Reptile and its implications for defense strategy throughout discovery and trial.