Defense Opening: Repair Credibility First
By Dr. Ken Broda-Bahm: In an era of increased juror skepticism and perceived “Nuclear Verdicts,” there has been a call for new thinking on defense side. The need is for fresh approaches to cut against the factors motivating jurors toward extreme verdicts. The approach outlined in the book Nuclear Verdicts by Tyson & Mendes partner […]
9 Hidden Skills of Trial Technicians and Hotseaters You Never Knew About
As a trial lawyer or someone working close to one, you may already be familiar with trial technicians and hotseaters. These professionals provide essential technical support during trials, ensuring everything runs smoothly. They usually sit adjacent to counsel's table and run your trial presentation, including the displays of exhibits and demonstrative evidence. However, you may not know that trial technicians and hotseaters possess a host of hidden skills that go beyond their technical capabilities. Here are some of the hidden skills of trial technicians and hot seaters that you never knew about: 1. They Dress Appropriately If you are in
Be Ready for a Reptile-Reboot
By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by defendants, it has been the North Star for many on the plaintiff’s […]
Litigation Graphics: A Game-Changer in the Courtroom
Discover how utilizing litigation graphics can significantly impact the outcome of a trial and captivate the jury's attention. The Power of Visual Communication in the Courtroom In the courtroom, visual communication plays a crucial role in presenting complex information in a clear and compelling manner. By using litigation graphics, attorneys can effectively convey their arguments and evidence to the jury, helping them understand the case more easily. Visuals have a powerful impact on human perception and memory. Studies have shown that juries remember information better when it is presented visually rather than verbally. This makes litigation graphics an essential tool
Encourage Juror Note-Taking (and Take Notes Yourselves)
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 […]
Expect Jurors to Mix Fact and Opinion
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 […]