Holland & Hart - Persuasion Strategies

Firm Profile: Holland & Hart LLP
555 17th Street
Suite 3200
Denver, CO 80202, United States
Phone: 303.295.8181

Don’t Adapt to ‘Learning Style’

It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective learners”…more
 /  Criminal Law, Law Practice Products & Services

Race-based Strikes: Expect Fixes for the Problem (and Problems with the Fixes)

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
 /  Civil Procedure, Civil Rights, Constitutional Law, Criminal Law, Law Practice Products & Services

Strike Your Judge

The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of a…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Inoculate by Teaching the Technique and Not Just the Error

Inoculation is a well known, persuasive technique. The idea is that, instead of waiting for your opponent to share a piece of information or lay out an argument, and then responding by showing that the information or argument is…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Use Community Attitude Surveys as an Uncertainty Reduction Strategy

Many have observed the continued decline of the civil jury trial. One reason trial by jury is falling out of favor in civil disputes is that parties and counsel treat it like the ultimate mystery, and this uncertainty makes the…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Expect the “Fake” to Get Very Real

Persuaders win by convincing decision-makers that their story is more “real” than the alternative. But what if the foundation for that choice, the notion that there is a “real” to aspire to, is eroding? If it is, then advocacy…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Feed Your Millennials Visual Information

Generalizing based on age, generation, and other demographics can be hit and miss. And in jury selection, a reliance on these factors can be more miss than hit. In other words, any strike decision-rule that begins with…more
 /  Law Practice Products & Services

Empower Your Witness: A Review of “Reinventing Witness Preparation”

When you read a good novel, you sometimes can’t wait until it’s made into a major motion picture. While the scale might be smaller in the legal publishing world, the benefits of extending an initial vision are parallel. In this…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Beware of Joint Evaluation in Multi-Defendant Cases

The presence of more than one party on the defense side of the courtroom can create an interesting dynamic. In the heat of negative evaluation, it might be psychologically comfortable for some defendants to have company,…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Find the Balance in Witness Preparation

When advice is given on a general subject, it can sometimes sound a bit like platitudes. And, as with platitudes, it often seems like one cancels out the other. “Look before you leap,” the saying goes, but, “He who hesitates is…more
 /  Civil Procedure, Law Practice Products & Services

Instruct the Jury Accurately on Witness Credibility

Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Use the Features that Make the Fake News Fly

There is an old saying attributed to Mark Twain, that “A lie can travel halfway around the world while the truth is still putting its shoes on.” Based on a recent large-scale MIT study, that turns out to be pretty accurate. The…more
 /  Law Practice Products & Services, Science, Computers, & Technology

Take a Second Look at Why Per Diem Damage Requests Work

As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on the…more
 /  Civil Procedure, Civil Remedies, Law Practice Products & Services

Make Your Redirect Something Other Than a Repair Job

Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a…more
 /  Civil Procedure, Criminal Law, Law Practice Products & Services

Ask Social-Circle Questions

Do you think you miss valuable information in voir dire? What about your friends and colleagues who are trial lawyers: Do you think they miss valuable information in voir dire?…more
 /  Civil Procedure, Constitutional Law, Criminal Law, Law Practice Products & Services
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