Category Archives: Writings

CLE on Jury Selection, June 12, 2019: The Class We Should Have Gotten in Law School But Didn’t

I will be presenting a full-day CLE on the art, science, and real-deal practicality of jury selection on June 12, 2019 in San Francisco. Click here for details and registration. If you want something specific to be covered, let me … Continue reading

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Podcast: ‘Bull’ persists; so do we. Episode 2

Click here for podcast. CBS persists in airing ‘Bull,’ giving us episode 2 on 9/27/16, “The Woman in 8D.”  Alleged trial consultant Dr. Bull’s crime spree continues unabated, along with the ridiculous nonsense that mostly comprises this show. As ever, fiction … Continue reading

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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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Rich on ‘Celebrity Court Radio’ re ex-Gov Rowland conviction

I was on Elizabeth Kelley’s ‘Celebrity Court Radio’ show yesterday, available by clicking here. (I’m approximately 10 minutes into the show.) The subject was the conviction of John Rowland in a Connecticut federal court for violations of campaign disclosure/finance laws … Continue reading

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75 Seconds of Jury Selection Thoughts

Click here for video. This was recorded by the Animal Law Defense Fund after I gave a presentation on jury issues in animal abuse prosecutions. (Biggest challenge: lots of jurors don’t consider it “real” crime when compared to murder and … Continue reading

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Expert Testimony: Some Science & Some Art to Increase Your Value

You’re an expert witness who wants to add the greatest possible value to your side. (Or you might be the attorney who wants to get the most juror persuasion out of your expert.) You’re in the right place. Jurors taste … Continue reading

Posted in Depositions, Expert witness, Jury Persuasion, Jury Research, Trial, Writings | Tagged , , , , , , , , | 5 Comments

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

Posted in ADR, Depositions, Jury Psychology & Dynamics, Trial, Writings | Tagged , , , , , , , , , , | 1 Comment

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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Will You Give These Jurors What They Want?

Originally posted on At Counsel Table:
A couple of weeks ago, I sent fellow blogger and trial consultant Rich Matthews an email asking if he would comment on a post I was thinking about writing. It would be called “Avoid…

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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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Significant Appellate Decisions About Jurors & Jury Selection, 2012-13

Here are 19 appellate decisions from 2012-13 regarding jurors and jury selection that you should know about. (Via Prezi; great thanks to creator T. Smith.)

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Alex Craigie: Five Ways To Use A Jury Consultant Effectively

Alex Craigie, Esq., a litigator based in Los Angeles, gentleman and scholar, writes a blog called ‘At Counsel Table,’ which I recommend. Today, he has published on “Five Ways To Effectively Use A Jury Consultant,” in which he has generously … Continue reading

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Contempt in Court: Too Many Lawyers’ Attitude Toward Jurors

The online blog of the ABA Journal asked a question recently: “What words or phrases do you think should be avoided in front of a jury?”

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One juror’s experience. Excellent read.

Every so often, I see something that a juror has written about his or her experience as a juror, and they are always valuable. Some moreso than others. A man named Gerry Walker in New York City wrote a terrific … Continue reading

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The Mini-Opening Before Oral Questioning: Upgrade Your Voir Dire

Many states permit the lawyers to make a brief opening statement before the oral questioning of prospective jurors (e.g., California Code of Civil Procedure, sec. 222.5). If your state permits this, you should absolutely do it.

Posted in Jury Persuasion, Jury Psychology & Dynamics, Jury Selection, Opening Statement, Trial, Writings | Tagged , , , , , , , | 4 Comments