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Jury Selection Trial Preparation Trial Practice Guidance

Holland & Hart - Your Trial Message

See Your Case from the Jury’s Eyes: My Time in the Box

When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...more

IMS Legal Strategies

Targeting Safetyism in Defense Voir Dire | Episode 71

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Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge...

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The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the...more

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Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

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How to Conduct Voir Dire: A Practical Guide

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The literal translation of the French phrase voir dire is “to speak the truth.” In law, it’s the process of questioning an individual prior to jury duty or witnessing to determine their suitability....more

IMS Legal Strategies

How To Make The Most Of Limited Voir Dire

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In a perfect world, counsel can accomplish many goals during voir dire—but when a judge puts a strict clock on the process, those goals quickly narrow. Whether you have 15 or 45 minutes, or some amount to be determined, only...more

IMS Legal Strategies

Jury Selection’s Most Misunderstood Secret Weapon

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Jury selection in the Trump hush-money trial briefly put jury consultants back in the spotlight as media pundits and their contributors discussed the Trump team’s efforts to search prospective jurors’ social media accounts...more

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How to Select a Jury: Guide for Lawyers

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In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...more

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Jury Research: Methods and Best Practices

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Law students spend years training to evaluate details and learn procedures that don’t always fall under the umbrella of common sense to laypersons. The most important issues that seem obvious to attorneys can be ignored by...more

Holland & Hart - Your Trial Message

Don’t Rely on Luck in Picking Your Jury

As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the...more

Troutman Pepper

Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast

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In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more

Holland & Hart - Your Trial Message

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...more

Holland & Knight LLP

Effective Trial Language Part 3: Jargon

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and...more

Holland & Knight LLP

Podcast - Effective Trial Language Part 1: Noise

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of being concise in the courtroom. He describes how to eliminate unnecessary words and noise so the...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Knight LLP

Key Lessons and Takeaways for Jury Trials

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Jason Bloom, a jury consultant and the founder and president of Bloom Strategic Consulting Inc., for an...more

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Importance of a Jury Consultant in Jury Selection

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Wouldn’t it be helpful if potential jurors entered the selection room with a t-shirt that named all the various prejudices, preconceptions, and core beliefs they hold that could impact your case? While it might make for a...more

IMS Legal Strategies

How Safetyism Is Driving High Plaintiff Verdicts - IMS Insights Podcast Episode 68

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Our podcast guests IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury Consultant Dr. Nick Polavin share their newest safetyism research and how safetyist beliefs are driving high plaintiff verdicts—especially...more

Holland & Hart - Your Trial Message

Call Out Minimized Burdens

At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely...more

IMS Legal Strategies

Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66

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Our podcast guests, Jill Leibold, PhD, IMS Senior Jury Consulting Advisor and Dave Poston, Esq., CEO, General Counsel, and Co-Managing Partner at Poston Communications explain how safetyism, social inflation, and the...more

Holland & Hart - Your Trial Message

The Trump Juries: Adapt Your Procedures for Higher Profile Jury Selections

In Florida, Georgia, New York, and Washington DC, Donald Trump is facing the looming prospect of jury trials. While the word is overused these days, it is truly unprecedented for a once and maybe-future President to be facing...more

Holland & Knight LLP

Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the five "P's" that will help shape jurors' emotions in the courtroom. Mr. Small delves into the important role...more

IMS Legal Strategies

Stereotypes Won’t Get You Far in Jury Selection

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In jury selection, it is not uncommon to hear an attorney or client make a comment that reflects their long-held belief that certain stereotypes will cause a person to naturally lean in one direction or another. For example,...more

IMS Legal Strategies

Does Trial Length Increase Jury Damages?

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During a particularly lengthy hardship and jury selection process in the New York City Asbestos Litigation (NYCAL) court, a client brought in some interesting research his firm had conducted over the past four years in that...more

IMS Legal Strategies

How Should I Introduce My Jury Consultant at Trial?

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Many of our clients are concerned about the perception jurors may have if they learn the attorney has hired a jury consultant to be present during jury selection. After all, most depictions of jury consultants in books,...more

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