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Trial Advocacy in the Modern World
Closing Argument: Opportunity and Challenge
Direct Examination: Looping and Bookending
Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast
Opening Statements: Telling the Story
Openings of Openings
The Basics of Opening Statements
Effective Trial Language Part 3: Jargon
Podcast - Effective Trial Language Part 2: Legalese
Why Demonstrative Aids Are Critical in Every Case
Showing Exhibits to the Jury
Key Lessons and Takeaways for Jury Trials
Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66
Podcast - Basic Courtroom Etiquette
Podcast - The Five Most Common Faults of Trial Lawyers
Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Uncovering Juror Bias, Counteracting Nuclear Verdicts, & the Future of Massive Damages – IMS Insights Podcast Episode 47
This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial...more
On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more
First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more
Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more
Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more
In the courtroom, trial technology has emerged as a powerful tool for lawyers seeking to inform, engage, and persuade jurors. As attention spans grow shorter and jurors’ expectations for high-quality graphics increase, visual...more
Have you ever witnessed a truly great expert presentation in court? Maybe you worked on the case, or maybe you were on the jury....more
Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect...more
It is an important debate, and one that is likely only going to be settled on a case-by-case basis: when addressing damages, does a civil defendant embrace the idea of a counter-anchor, take the small risk of appearing to...more
Consider this recent example of two jurors, one a trial juror and one a mock juror. In both cases, the defendants’ arguments relied largely on the Environmental Protection Agency (EPA). The trial juror: A very liberal,...more
“[T]ell a great story if you want to live.” A newly minted screenwriter, on the verge of pitching his spy thriller to studio executives, was diagnosed with a serious medical condition. He shared this advice from his doctor...more
IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more
Legendary jurist Oliver Wendell Holmes wrote that “hard cases make bad law,” by which he meant that a legal rule fashioned for an extraordinary circumstance can be inappropriate for the resolution of everyday disputes....more
The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two...more
The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the arguments, and the law. Eventually, that attorney might get to the...more
Every day, we are reminded that we live in a new age that can be called “post-truth.” We pay a lot of attention to external sources of misinformation, whether it is motivated public figures, partisan news networks or...more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
In the real world, disputes are often settled by someone with more or better knowledge, or at least someone claiming to have more or better knowledge. The courtroom, however, is different. It is a setting that is designed to...more
Our trial system is based on the ideal of a neutral fact-finder. And as much as the social science tells us that this blank slate does not actually exist, it remains true that jurors will try very hard to keep an open-mind....more
The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation...more
We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more
Jurors and judges sometimes need to understand testimony regarding probability. For a criminal jury, maybe that probability relates to the chances of a false-positive on DNA identification. In a products case, maybe it...more
In United States v. Baker, the Court (Livingston, Chin, C.J.J., Koeltl, D.J.) affirmed the conviction of Raymond Baker, who after a jury trial in the Northern District of New York was convicted of participating in a...more
Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more