Tag Archives: Lawyer

The (notable but rather unremarkable) damages verdict for E. Jean Carroll, and on jurors generally: In conversation with Liz Dye

I recently talked with Liz Dye of ‘Law and Chaos’ about the damages verdict in the E. Jean Carroll verdict, and how jurors think and process in trials generally. Warning: this conversation includes frank discussions of lawyers’ own confirmation bias … 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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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

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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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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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:

Posted in ADR, Jury Persuasion, Opening Statement, Trial, Writings | Tagged , , , , , , , , , | 11 Comments

More On Jury Selection (Don’t Read That Aloud Too Quickly—Sounds Insulting)

I found a couple more notes from the jury pick I mentioned in the May 5 post. The big themes: in jury selection, keep your language simple and clear, and keep your questions open. When Lawyers Talk Like Lawyers, It … Continue reading

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Voir Dire: 5 Quick Things To Be Less Awful in Jury Selection

I slightly apologize for starting the relaunch of this blog on a slightly bitter note, but I have just come from a jury selection in a civil case and have bandaged my forehead from banging it on the table.  Usually, … Continue reading

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