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Juror Jury Selection Trial Practice Guidance

Troutman Pepper

Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast

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In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more

Holland & Hart - Your Trial Message

Expect Jurors to Mix Fact and Opinion

By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in...more

Holland & Knight LLP

Effective Trial Language Part 3: Jargon

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Knight LLP

Key Lessons and Takeaways for Jury Trials

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Jason Bloom, a jury consultant and the founder and president of Bloom Strategic Consulting Inc., for an...more

U.S. Legal Support

Importance of a Jury Consultant in Jury Selection

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Wouldn’t it be helpful if potential jurors entered the selection room with a t-shirt that named all the various prejudices, preconceptions, and core beliefs they hold that could impact your case? While it might make for a...more

Holland & Hart - Your Trial Message

Call Out Minimized Burdens

At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely...more

IMS Legal Strategies

Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66

IMS Legal Strategies on

Our podcast guests, Jill Leibold, PhD, IMS Senior Jury Consulting Advisor and Dave Poston, Esq., CEO, General Counsel, and Co-Managing Partner at Poston Communications explain how safetyism, social inflation, and the...more

Holland & Knight LLP

Podcast - The “Five P’s” That Will Help Shape Jurors’ Emotions

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares the five "P's" that will help shape jurors' emotions in the courtroom. Mr. Small delves into the important role...more

IMS Legal Strategies

Does Trial Length Increase Jury Damages?

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During a particularly lengthy hardship and jury selection process in the New York City Asbestos Litigation (NYCAL) court, a client brought in some interesting research his firm had conducted over the past four years in that...more

IMS Legal Strategies

Will Birds of a Feather Flock Together? Implications of Juror-Litigant Similarity for Your Defense Strategy

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As your trial date approaches, one lingering question inevitably moves to front of mind: What jurors do I want? Or, perhaps more accurate given the reality of the jury selection process: What jurors do I not want? Originally...more

IMS Legal Strategies

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

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As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for...more

IMS Legal Strategies

What to Include in a Supplemental Juror Questionnaire (SJQ)

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Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more

IMS Legal Strategies

Using Jury Research to Benefit Your Case Story & Strategy

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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

Miles Mediation & Arbitration

Don’t Give Up Until the Jury Knocks: Post-Mediation Strategies to Get to Settlement

The primary goal of a mediation is simple. Settle the dispute among the parties. And in an ideal world, a case settles at mediation. The failure to reach an accord before the mediation’s end may seem like settlement is...more

U.S. Legal Support

A Brief Overview of The Three Main Types of Jury Research Projects 

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In my first post in this series on jury research, I gave a bit of background on how jury research as a discipline came to be. Now, I want to go a little deeper into the three main types of projects we at DecisionQuest (a U.S....more

Holland & Hart - Your Trial Message

Stealing Thunder: Know When to Preempt and When to Wait

When the other side has a powerful potential argument, but you get to go first, then you have a strategic call to make. Do you use the opportunity to get there first, address the issue before they can, and steal their...more

Holland & Hart - Your Trial Message

Look Beyond Your Jurors’ Political Identification: Education Matters

Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with the time and information available, and to be sure, jury selection would be...more

Holland & Hart - Your Trial Message

Avoid Social Desirability Bias in Voir Dire: Six Tips

Imagine you’re currently a citizen of the Russian Federation. The telephone rings, and the person on the other end of the line identifies themselves as a public opinion researcher, and they’re conducting a poll. “How do you...more

Holland & Hart - Your Trial Message

Learn from Attitudes Toward Sports Abuse

Many of us probably watched or heard about the drama this past week in the Women’s Olympic Figure Skating event. Kamila Valieva — just 15-years-old, but with a dominant combination of quad-jumps and world class performance...more

Holland & Hart - Your Trial Message

Adapt to Your Jury’s Social Reasoning

Consider Rodin’s “Thinker” — The sculptured image of the solitary and self-contained individual engaged in what we take to be humanity’s sine qua non: independent thought. It is inspiring, but it is also an idealization. The...more

Holland & Hart - Your Trial Message

Look Out for the Anti-corporate Right-wing

Before a recent jury selection, I was digging through a stack of juror questionnaires and social media results when something we’ve been seeing for awhile came into clearer view: The conservatives in the pool were falling...more

Holland & Hart - Your Trial Message

Be Tactical in Jury Selection

The voir dire process has got to be one of the most complex, information-rich, and high-stakes communication settings. To someone unfamiliar with the rituals, it won’t always be clear what is going on or why. For new...more

Holland & Hart - Your Trial Message

Use Jurors’ Availability Bias

How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who...more

Holland & Hart - Your Trial Message

Look at Whether Your Jurors Are Reading: It May Say Something About Their Empathy

Jury duty often involves some long waits. As people sit in the assembly room or the courtroom, it is normal for them to find something to pass the time. I’ve seen people knitting, drawing, even juggling. But, by far, the most...more

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