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Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

How to Use Technology Effectively in Mediation

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

What Attorneys Need to Know About the Cal. Supreme Court’s Important Ruling on Animation Admissibility

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

The Beauty of Data: How to Use Adobe Illustrator with Excel to Show Complex Data for Litigation

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

What Trial Lawyers Can Learn From a Songwriter to Strengthen Their Case

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

When and Why Your Case Needs an Animation for Litigation

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

Demonstrative Evidence: Half the Battle Is Keeping Out the Other Side’s

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

How Attorneys Should Use Graphics in a “David v. Goliath” Case

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

How Big Infographics Can Make a Big Impact in Litigation

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

4 Tips to Use “Show & Tell” to Improve Your PowerPoint for ADR or Trial

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

Litigation Tip: The Best Way to Get Demonstrative Evidence Admitted at Trial

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

How Attorneys Can Recognize and Present a Traumatic Brain Injury Case

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

How Attorneys Can Recognize and Present a Traumatic Brain Injury Case

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

Three Tips for Attorneys to Present Economic Data (and Not Be Boring)

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

The iPad vs. the Yellow Pad at the ABOTA Mock Trial

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

How to Avoid Information Overload When Presenting Your Case

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

Tech Tradeoffs in Litigation Presentation Tools: Pros and Cons of PowerPoint, TrialDirector, Video Formats, Timeline Programs and...

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

Storytelling for Attorneys: How to Build a Great Narrative For Your Case

Attorneys sometimes act in trial or mediation as if they’re little more than an evidence machine collecting all the right evidence, excluding all the improper evidence, applying the law and expecting a positive outcome. That...more

The Best Way to Present a Case Under the New One-Day Trial Law

The Expedited Jury Trial Act (Act; Code of Civil Procedure §§ 630.01 – 630.10, AB 2284), which went into effect in California on January 1, allows cases to be tried in a single day. It’s really the first major overhaul of how...more

Secrets to Making Your Day in Life & Client Photogenic

Tips and secrets to make your clients and your day in the life evidence compelling, persuasive and powerful as a pre-trial and trial exhibit....more

How Top Clients Select Litigation Lawyers

It was the opening subject of the IBA's Managing Complex Litigation conference, held recently in Washington DC, where counsel from companies including GE, 3M and Ernst & Young exchanged notes on how they choose external...more

How to use research on religious affiliation at trial

This article reviews the social sciences research on religion and discusses how attorneys can use this information in voir dire and case presentation. Three experienced ASTC-member trial consultants weigh in and the authors...more

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