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Where You Are Losing Leverage With Preponderance
Preponderance is one major foundation of all civil lawsuits. If jurors truly made their decisions on the basis of more likely right than wrong for liability AND damages, there would be many more...
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Confidence is Key
In doing some Voir Dire Coaching sessions with young attorneys and dropping in on trials in my area, I have noticed that many attorneys lack confidence. With tort reform, consultants such as David Ball...
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Why Only Positive Statements in the Opening Story?
I edit a lot of opening statements. A lot. And one of the most common mistakes I see is inserting negatives into the story structure. For example, stating that the defendant did NOT check the pressure...
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Keeping Jurors Awake and Interested
On my days off, I walk into my nearest courtroom and watch jury trials. I look for how long it takes me to figure out what the case is about and how long the attorneys keep my attention. The results...
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What To Do (And Not Do) With Short Voir Dire Time
Voir dire time in many places is now limited to 15-30 minutes (if you get attorney-conducted voir dire at all!). Aside from filing motions for extended voir dire, arguing with the judge, asking for...
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Jurors United? Something to Consider During Jury Selection
The jurors in the Drew Peterson case are drawing some media attention. While it seems to be out of a movie (Runaway Jury, in fact), the jurors coordinated clothing for a month during the trial. One day...
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Power of the Self-Protective Mechanism
I was running some focus groups this past weekend on a negligence case where the main issues were causation and damages. Without breaking any confidentiality, I’d like to share some of the juror...
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Powers of Confirmation Bias: Juror Interview Clips
Confirmation bias is the tendency for a person to distort information to fit with existing beliefs. Any information that conflicts with those beliefs is either forgotten, dismissed, or reinterpreted to...
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Beating Preponderance – The Trouble With Battling Experts
I consult on many different types of cases from medical malpractice, insurance bad faith, personal injury, wrongful death – the list goes on. While every case is different, I notice a common theme in...
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The Various Shapes, Sizes, and Costs of Focus Groups
Over the years, I’ve come to realize that a good majority of attorneys believe that there are only one or two variations of focus groups – a full-blown mock trial (of varying lengths and levels of...
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Do You Really Win or Lose Your Case In Jury Selection?
It’s been said many times that you win or lose your case in jury selection. But is this really true? Is jury selection so critically important that it will make or break the verdict? Yes and no. Jury...
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New Monthly Flat Fee Consulting Service! First Come, First Serve
As my consulting practice evolves, I’m finding that a good deal of my time is spent on the “smaller” tasks – which is wonderful considering that my goal is to bring some level of consulting to every...
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Focus Group Opportunity
This is an opportunity to get focus group feedback at a greatly discounted price by sharing costs among numerous attorneys. I will be coordinating this venture locally in Denver but it is open to...
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Focus Group Cost Share Details
For those who were potentially interested in the focus group cost sharing, here are the finalized details. I want to stress that YOU DO NOT NEED TO DO ANY PREP WORK, NOR DO YOU NEED TO SHOW UP LIVE....
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Revised Focus Group Cost Share Project
A month or so ago I offered a chance to take part in a cost-share focus group set. I had a good number of people interested but very few contracts and deposits were received by the deadline. In...
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Juror Insight Focus Group DVDs – Video Previews and Sale Info
About 6 months ago, I posted that I would be running six different focus groups on issues most central to trial lawyers. The focus groups are finished and ready for sale. Below you will find details...
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Holmes (Aurora Theater Shooting) Jury Selection Q&A
With the Holmes jury selection underway and the whole world watching, I thought it relevant to tap into some of the issues that are likely to be raised by the media and inquiring minds. One of the...
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NEW: Contingency Fees for Trial Consulting
My passion has always been for the “little guy” but even within Plaintiffs work, there seems to be a disparity of resources depending on the size of the case. I would like to offer consulting services...
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Memorial Day Consulting Savings
I’d like to offer to any attorney who is a Veteran or to any attorney who has a client who is either active duty or Veteran 25% off of any of my services, including but not limited to: Focus Groups...
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Pro Bono Consulting
Good news for all of you: I’d like to get some pro bono hours in. So, email me with a brief synopsis of the case and why you’d like help with it and I’ll see what I can do. My direct email is...
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