Category Archives: Jury Psychology & Dynamics

Podcast: Stepping in ‘Bull’: Another trial consultant & I discuss this ridiculous and harmful show.

Click here for podcast, Stepping in ‘Bull’ CBS launched a new show from the apparently forgetful mind of Dr. Phil, that pretends to be about trial consultants. Fiction is great; outright falsehood is not. And in a year in which … Continue reading

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5 Mistakes Just About All Trial Attorneys Make in Jury Selection (yep, maybe you, too)

Five mistakes widely made by trial counsel in jury selection . . . probably including you. Continue reading

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Questions from Jurors are GOOD, Period.

There’s a story in the July 21 online edition of the Boston Globe about a trial in which jurors have asked 281 questions, and in my opinion, the piece skews rather negatively about the whole practice of allowing jurors to ask … Continue reading

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Summer Book Recommendation for Civil and Criminal Litigators: “Acquittal” by Richard Gabriel

‘Acquittal: An Insider Reveals the Stories And Strategies Behind Today’s Most Infamous Verdicts’ by trial consultant Richard Gabriel is a great summer read which I recommend to all attorneys who try cases – even civil litigators.

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The Difference Between an Expert and an Expert Witness

We think how we speak after awhile. An expression can become detached from its origins and then lead to blinders.  In litigation world, saying “expert” and not “expert witness” is one of the particularly bad ones, made worse by its near universality. … Continue reading

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When to Stop Voir Dire

Some weeks ago, I was talking with a lawyer who probably does a dozen trials per year and has been doing it for 15 years with results that are well above average. She was lamenting her discomfort with the jury … Continue reading

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Even More Words Lawyers Should Banish

Textemada (d.b.a. the Torquemada of Text) is back with more words and phrases that lawyers simply must banish from their vocabularies. I would say “at least in front of jurors,” but I think the reality is that our minds get … Continue reading

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