How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
Targeting Safetyism in Defense Voir Dire | Episode 71
Work This Way: A Labor & Employment Law Podcast | Episode 8: The Benefits of a Mock Jury with Dr. Jo Ellen Livingston
Overcoming Safetyism & the Plaintiff Media Machine - IMS Insights Podcast Epsiode 66
The Strategic Advantages of Working with Jury Consultants – IMS Insights Podcast Episode 56
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
When the stakes are high, credibility is everything. Trial teams must balance tenacity with restraint, ensure testimony is delivered authentically, and speak to jurors in a way that builds trust rather than erodes it....more
Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s ideological and partisan leaning has probably never been more...more
The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 517, providing guidance for lawyers on the use of peremptory challenges during jury selection. The...more
In 2024, Maryland adopted Md. Rule 16-310 to explore the use of expanded voir dire, including the possibility of attorney-conducted voir dire. The drafters envisioned a two-year study period, and the Rule was to sunset on...more
In the high-stakes world of litigation, some attorneys focus on winning the case in front of them. Others think bigger—shaping strategy, influencing public policy, and leading far beyond the courtroom....more
We know that successful trial outcomes are rarely the result of a single, game-changing moment. Instead, they are built on preparation, precision, and the cumulative impact of small, strategic decisions. In a recent IMS...more
For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated. Many of...more
A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the...more
Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more
Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more
What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more
Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...more
Is there anything you would like to say to my client right now?” asked the attorney roleplaying plaintiff’s counsel in a recent witness preparation session. The witness, a corporate representative for a trucking company whose...more
Jury selection in the Trump hush-money trial briefly put jury consultants back in the spotlight as media pundits and their contributors discussed the Trump team’s efforts to search prospective jurors’ social media accounts...more
This week, hosts Tina and Jennie welcome Dr. Jo Ellen Livingston, co-founder of Livingston & Shepherd Trial Consulting, where she advises clients on all aspects of the trial process, including in the areas of labor and...more
A recent issue of American Lawyer included the provocatively titled article, “Why Jury Consultants May Not Be Worth It and Other Tips from Judges.” Reporting on discussions from the Ninth Circuit Judicial Conference, the...more
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
Many of our clients are concerned about the perception jurors may have if they learn the attorney has hired a jury consultant to be present during jury selection. After all, most depictions of jury consultants in books,...more
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
Question: How did the jury arrive at the decision to award the plaintiff $20 million in damages? Actual Juror #1: We came up with a percentage approach, and that’s what we all discussed. We started with what she was asking...more
Fridays loom large in every courtroom. For a trial lawyer, they are a chance to reassess the case’s progression, end a strong week of witnesses on a flourish, or implicitly press jurors for a quick verdict. And of course, the...more
IMS Senior Jury Consultant Aref Jabbour, PhD joins podcast host and IMS Client Success Advisor Adam Bloomberg to discuss jury consultants’ work with attorneys and witnesses, juror perception of the trial process, and the...more
It is not unusual to hear questions or comments similar to the following from a member of a trial team. “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to...more
One of the first questions potential clients want to know when they call us is: How much does a mock trial cost? Considering that costs and expenses are a significant factor to any attorney or client’s budget, this question...more
Why Expert Credibility is Crucial - The adversarial nature of a jury trial leads many of our clients to ask, “Will my expert come across better than theirs?” This is a justifiable concern since jurors’ decisions about...more