Monthly Archives: June 2013
Lawyer Vocabulary Banishments, by the Torquemada of Text
Fish do not think they are wet. If they thought about it at all, they might think you are dry. But just going along their fishy paths, leading their fishy lives, they give no thought to their own wetness. They … Continue reading
On Video Depositions… Because Sometimes Jurors See Clips
Why would a jury guy be talking about video depositions? Because clips from video depositions are often shown to jurors in trial.
Leveraging Mediations Into Good Settlements
(This is my article published in the June 3, 2013 edition of ‘The Recorder’)
The Ten Commandments of Objections
1. Thou shalt know with thy whole heart that jurors don’t like objections. They want the truth and believe the objector is trying to hide the truth from them. So know that there is a cost for every objection. It … Continue reading
Supplemental Juror Questionnaires, Part 3: Oh, The Data You’ll Know
The Questions Themselves: Part Social Science, Part Strategy Often, questionnaires written by lawyers are… well… Look, a lawyer attempting social science based only on intuitive commonsense is like watching social scientists try to practice law with only intuitive commonsense. Which … Continue reading
Supplemental Juror Questionnaires, Part 2: This Time, It’s Quizzical
I invite you to read the previous post, “Supplemental Juror Questionnaires, Part 1” before reading this. Or not. Your call. – Rich The SJQ Introduction: Include a Welcome, Some Thanks, And Always Use Normal Human English So by way of … Continue reading
Supplemental Juror Questionnaires, Part 1
“Everything we see is a shadow cast by that which we do not see.” – Martin Luther King, Jr. The Importance of Juror Questionnaires Earlier this week, I came into possession of a supplemental juror questionnaire that is a thing … Continue reading
Voir Dire: Doing Less Gets You More
There’s a cutesy old saying that “god gave you two ears and one mouth, and they should be used in that proportion.” Well, the thing about being the creator of the universe is that you don’t have to pick juries … Continue reading
‘The Recorder’ published an article of mine on mediation
It will be in the print edition on Monday, June 3, 2013, and is online now: http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202602241571&In_Practice_When_Jury_Trial_Meets_Mediation&slreturn=20130501101746 I will publish it here when I get permission from American Legal Media. It’s about leveraging mediations into settlements by using two different methods … Continue reading
Juryology: Art & Science of Jury Persuasion 