Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast
Effective Trial Language Part 3: Jargon
Podcast - Effective Trial Language Part 1: Noise
Key Lessons and Takeaways for Jury Trials
How Safetyism Is Driving High Plaintiff Verdicts - IMS Insights Podcast Episode 68
Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66
Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions
Jury Selection Strategy in Product Liability Litigation – IMS Insights Podcast Episode 64
The Value of Visual Storytelling & Early Jury Research – IMS Insights Podcast Episode 57
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
Law Brief®: Trial by Jury - With Richard Lomuscio and Richard Schoenstein
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
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
Medical practitioners know that, for all its wonders, modern medicine is still a matter of chances not guarantees. In other words, in practice, medical interventions are often a matter of improving the patient’s chances at...more
Our ability to understand and to talk to each other is increasingly determined by our political leanings. When we all sit down for family Thanksgiving in a couple of months, politics is likely to be off limits at many tables....more
Canada has an odd system for determining juror bias in some cases. Referred to as a “trier’s process,” it involves the section of two jurors, who do not otherwise go on to become jurors in the case, but are instead charged...more
There is often something distinctive about the person bringing a case. Whether they are the victim in a discrimination or harassment case, a whistle-blower in an employment case, or a number of other case types, their act of...more
How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you...more
Lately, I’ve seen increasing reports of people voluntarily separating themselves from the news. Often, this means taking a break from Facebook and its ubiquitous “Newsfeed.” In other cases, however, it involves people...more
Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive...more
In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or responding to anything having to do with current events always involves a quick...more
It is unacceptable for someone to be the wrong color or the wrong ethnicity to serve on a jury. In modern times, the law says race-based exclusions can’t happen. But the practical reality in the courtroom, particularly some...more
Persuading a group that will then go off and deliberate is a unique persuasive setting. In a way, it can be called ‘Second Order’ persuasion, because it isn’t just about the person being convinced in the moment they’re...more
We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury...more
As court cases move toward trial, many litigators start thinking about conducting a mock trial or jury research of some sort or another. Deciding when, where and, most importantly, how to do the research is not as simple as...more
With Labor Day right around the corner, the NFL is gearing up for the 2015 season. Fantasy football leagues are getting ready for another year of camaraderie, smack talk, and thoughts of a championship. Mention...more