Category Archives: Writings
GOODBYE, PEREMPTORY CHALLENGES: GOOD RIDDANCE TO JUDGES’ FAVORITE CRUTCH
By Rich Matthews “Well, Counsel, that’s why the Good Lord gave you a few peremptory challenges.” – An actual judge at sidebar, denying a righteous cause challenge In August, the Arizona Supreme Court eliminated peremptory challenges in jury selection for … Continue reading
How Lawyers Can Benefit From Trial Consulting – ‘Law Practice Today’ (ABA)
Enjoy this article from the current Law Practice Today, an ABA publication. In it, three other trial consultants and I are interviewed about how trial consulting can benefit lawyers and, of course, their clients; and separating myth from reality about … Continue reading
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
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
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
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
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.
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
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
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…
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
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.)
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
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?”
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
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.
Francis Scott Key Was a Lawyer. Don’t Be Like Him.
Get a piece of paper and a pen, and try the following puzzle. Seriously, try it—it will make this much more fun and you might learn something kind of profound. Ready? Here is the challenge:
Beware the Stranger With An Agenda (B.T.W. … It’s You)
I have served and observed thousands of lawyers over 23 years, and gotten to know their thinking, strategy, intentions, and performance both preparing for and conducting jury trials. And I have become convinced that there is one barrier at the … Continue reading
Juryology: Art & Science of Jury Persuasion 