Tag Archives: communication

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

Posted in Jury Psychology & Dynamics, Jury Research, Trial, Writings | Tagged , , | 3 Comments

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.

Posted in Jury Persuasion, Jury Psychology & Dynamics, Jury Selection, Trial, Writings | Tagged , , , , , , | 7 Comments

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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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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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