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Mock Trials Jury Selection Litigation Strategies

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Bench Trial vs. Jury Trial: Preparing for Each

U.S. Legal Support on

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

U.S. Legal Support

Jury Research: Methods and Best Practices

U.S. Legal Support on

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

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more

IMS Legal Strategies

Using Jury Research to Benefit Your Case Story & Strategy

IMS Legal Strategies on

As most litigators know, jurors’ attitudes and opinions often influence how they filter the facts of a case. It is through these lenses that jurors develop their perceptions of the parties and their corresponding motives,...more

Holland & Hart - Your Trial Message

Treat the “Reasonable Person,” Not as an Abstraction, but as an Average

The core of most determinations of negligence is the question, “What would a reasonable person have done?” And, at least in theory, this “reasonable person” isn’t supposed to be an actual person whose deeds are recorded in...more

Holland & Hart - Your Trial Message

Criminal Defendants Taking the Stand: Expect Conventional Wisdom to Change

Recently, three of the most high-profile current defendants did what conventional wisdom says they shouldn’t do; They took the stand in their own defense. Kyle Rittenhouse, on trial for killings at a Kenosha, Wisconsin...more

Holland & Hart - Your Trial Message

Voir Dire: Select on Attitudes, not Race

Juneteenth is now a federal holiday, and even as many would prefer action on voting rights protection, equal access to education and healthcare, and police reform, the symbol is still important. It highlights both the...more

Holland & Hart - Your Trial Message

Note the Progress and the Challenge in Courtroom Attitudes Toward Gay Litigants

As we enter Pride Month, it’s a good time to reflect on where we are. President Biden recently announced a renewed push for full legal equality for LGBTQ individuals, but that takes place against a background of continuing...more

Holland & Hart - Your Trial Message

Don’t (Fully) Trust Public Opinion Polls

The 2020 election seems to be nearing the end of the vote-counting phase, with the final ballots in Nevada, Arizona, and Pennsylvania being tallied as I write. But one clear loser is already evident: the preelection polls....more

Holland & Hart - Your Trial Message

Know that the Law Does Matter in Deliberations (But Not Necessarily Your Version of the Law)

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

Holland & Hart - Your Trial Message

Beware of ‘Participation Deception’ in Your Surveys and Mock Trials

Imagine that you receive a phone call and the voice on the line offers participation in a research project, and also offers pay. Then, the caller walks you through a series of questions to determine your eligibility, and it...more

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