Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
I have been writing 250+ pages a day for the past week in a binding arbitration with three arbitrators. As a deposition reporter, I don’t do court work, and I don’t do a lot of arbitrations. The attorneys are calling...more
Recently, I co-presented a CLE webinar on "Technology for Better Mediation" along with two San Francisco trial attorneys, Miles Cooper of Rouda Feder Tietjen & McGuinn, and Jeff Smith of Abramson Smith Waldsmith. This post...more
It’s a simple fact that if you face a high likelihood your case will resolve at mediation, then you should put all you can into mediation to get the best result for your client. This includes using courtroom graphics not just...more
On Monday, the California Supreme Court issued a thoughtful opinion that finally provides strong guidance on the use of animations in trial, affirming their proper place in supporting expert testimony. The decision People v....more
Most people don’t find data beautiful, but it really can be. I am definitely not talking about endless pages of numbers, but rather about data that is visualized in an appealing manner, which actually can be an exciting and...more
At the American Society of Trial Consultants annual conference in New Orleans last week, I had the opportunity to be on a panel discussion about social media and blogging for the legal profession. There, I saw one of the...more
At Cogent Legal, real estate and land use cases are among our favorite to support. They can offer up rich and tangible imagery to shape for jury scrutiny. Not surprisingly, trial teams for such cases, on occasion, come to us...more
More often than not, litigating a case boils down to persuasively explaining your theory of what happened. The best way often is to create a 3D animation. Nothing is more powerful to enhance the visualization and...more
Generally speaking, there are two ways to prevail at trial: (1) have better evidence and demonstratives than your opponent, and (2) keep your opponent’s evidence out. This article describes a couple of Cogent Legal's recent...more
Having myself been a partner at a small five-attorney plaintiff firm for years, I certainly know the feeling of going against the big firms on cases that can attempt to overwhelm you with discovery, but that often have more...more
This post spotlights three informational graphics that Cogent Legal created and describes how we wrestled with a mountain of data to present a large amount of information in a way that is instantaneously understandable and...more
Many trial or ADR PowerPoint presentations could benefit from recapturing the craft of the “Show & Tell.” Too often, what we should be “telling” we put on the screen. And sometimes, what we should be “showing” we ignore all...more
I always want to support attorneys using demonstrative evidence and trying new things in terms of design and tech. Demonstrative evidence is pretty much any evidence other than testimony that is presented during the course of...more
The advice I often give to recent law graduates is, in a nutshell: Get tech savvy. Develop skills in information design and presentation. Become a whiz with document management. Find your inner geek streak. At a time when...more
Unlike a case of a broken bone that might easily be seen on an X-ray, traumatic brain injury (TBI) cases are often much more difficult to diagnose and ultimately present to a jury. Having worked on many of these types of...more
This post will provide a few key tips on how to transform economic data into engaging, easy-to-understand visual presentations. One of the most difficult parts of presenting any case involves economics, especially when it...more
Attorneys’ seemingly benign social media activity can and sometimes does collide with the rules of professional conduct. Recently I attended a panel discussion called “Legal Social Media Gone Wild: A Look at the Ethics...more
Last week, the American Board of Trial Advocates (ABOTA) put on a full one-day mock trial in San Francisco in front of a large gathering of attorneys to show how the masters of trial do their trade. The mock trial turned out...more
You’ve probably used Google Maps for driving directions. But have you tried using it for your case? From a litigation standpoint, there is no quicker and easier way to start building useful demonstratives for your client than...more
How much information is “overload” for a juror or mediator? Psychological studies and neuroscience show that we possess inherited built-in limitations to our working memory—a so-called mental bandwidth. As an attorney, you...more
In litigation, it’s one thing to talk about an injury in dry medical terms, and quite a different and more powerful thing to show what actually happened anatomically at the time of injury. In a personal injury case, attorneys...more
The benefit of the ongoing digital revolution in litigation is that so much more is possible than ever before for the creation and presentation of graphics for cases. But for every step forward with better technology and more...more
For ADR or trial, the adage “show, don’t tell” is a winning strategy to help convey a presenting attorney’s story, decipher complex content and cogently navigate themes. Now, a comprehensive visual persuasion study not only...more
With only a small fraction of cases actually reaching trial, it behooves attorneys to treat mediation like trial and work up their case with maximum effort, which includes using visual presentations, animations and other...more
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