More Arguments Aren’t Always Better: Know the Reduced Average Effect
Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but most think it is weak. Flash forward to the judge’s hearing on the […]
The Voir Dire Consultant Isn’t Who You Think It Is
Most trial lawyers think they know what a voir dire consultant does. You bring one in to read jurors—maybe to catch the one person who crosses their arms, won’t make eye contact, or wears an ACAB pin to court. If that’s your understanding, let me be the first to tell you: you’re barely scratching the surface. A good voir dire consultant doesn’t just help you read jurors. A great one changes the way you see your case. In our firm’s earliest days here in Washington, DC thirty years ago, I saw it happen in a high-profile business litigation case. The
Voir Dire on Attitudes Toward Wealth
By Dr. Ken Broda-Bahm: America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth than those on the other side. So what do we think about the […]
DOAR Study Reveals Demographic Differences in Attitudes Toward High-Tech Companies in Patent Litigation
New Research Shows Age, Education, and Income Create Wider Divides Than Geography May 14, 2025, New York, NY – DOAR, the nation’s leading trial consulting company, today released findings from its comprehensive study examining public attitudes related to high-tech patent litigation across four major IP venues. The survey revealed significant demographic differences in how potential jurors view Big Tech companies, foreign corporations, and patent validity, with implications for litigation strategy in intellectual property disputes. The report, “Juror Attitudes Toward High-Tech Companies in Patent Litigation,” was conducted by the DOAR Research Center and surveyed 1,631 respondents across four major IP venues:
12 Mistakes to Avoid in Legal Storytelling
I've written extensively about what you should do when using storytelling techniques in the courtroom to persuade. I've even released a free book and free webinar on the topic. But I don't think I've ever really talked about the mistakes one can make—most of which I've seen (from opponents). Legal storytelling is both an art and a technique that can be incredibly effective. However, it's easy to make mistakes that can undermine your narrative. This blog will walk you through twelve common legal storytelling pitfalls and how to avoid them. 1. Neglecting a Clear Structure A strong structure is the backbone
Expect Low Legal Comprehension
By Dr. Ken Broda-Bahm: These are trying times for those of us who are looking to see whether American rule of law can survive its current challenges. As our executive branch tests the limits of Congressional authority, and bucks the traditions of judicial review, the question that’s up in the air at the moment is […]