Consider Involving -Both- Sides in the Mock Trial
By Dr. Ken Broda-Bahm: Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely
Witnesses: Be Tough to Cross
By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly
The Role of Collaboration in Effective Litigation Graphics
The collaboration between litigation consultants and trial attorneys is essential for crafting compelling litigation graphics that clearly convey critical points during a trial. I've witnessed trial teams reviewing 20 or more versions of a single
Avoid Legalese, and Other ‘Magic Spells’
By Dr. Ken Broda-Bahm: Every trial lawyer I know believes that they are adapting their communication in order to get the jury — or, for that matter, the judge — to understand. At the same
7 Incontrovertible Rules for Trial Graphics
Trial graphics are a crucial component of presenting a compelling case in court. From timelines to charts to animations, visual aids can help simplify complex information and make a strong impression on a judge and
When You Concede Liability, Make Sure You Concede With Benefits
By Dr. Ken Broda-Bahm: Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in