Case Preparation and Presentation Archive

  • One of the biggest challenges lawyers face is witness examination. You know your job, you have done the preparation and yet, somehow, at some point, your witness seems to transform right in front of your eyes. You know the story. Witness “X” has presented in your office as thoughtful, credible, […]

    Understanding the Traumatized Witness

    by Lorie Hood, M.S. One of the biggest challenges lawyers face is witness examination. You know your job, you have done the preparation and yet, somehow, at some point, your witness seems to transform right in front of your eyes. You know the story. Witness “X” has presented in your office as thoughtful, credible, […]

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  • We've been discussing how to stop (or at least minimize) the number of jurors doing internet research while they are serving as jurors. Here, the idea of a "juror pledge" is presented as a way to educate jurors about why not doing research on their own is important and to, hopefully, decrease the incidence of "googling jurors".  In this article, a summary of a number of conversations over the years is presented and strategies in use are described. Language is provided for a number of juror pledges being used currently with hope this strategy will take root.

    Jurors Googling & Blogging – Can a Juror Pledge Stop Them?

    by Diane Wiley We've been discussing how to stop (or at least minimize) the number of jurors doing internet research while they are serving as jurors. Here, the idea of a "juror pledge" is presented as a way to educate jurors about why not doing research on their own is important and to, hopefully, decrease the incidence of "googling jurors". In this article, a summary of a number of conversations over the years is presented and strategies in use are described. Language is provided for a number of juror pledges being used currently with hope this strategy will take root.

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  • As the litigation environment continues to evolve, we need to prepare witnesses for whom English is not a first language and those with limited English proficiency (LEP). Here, two trial consultants walk us through the issues inherent in witness preparation when your witness is not proficient in English and give strategies for sensitivity and success in witness preparation with LEP witnesses.

    Untying Tongues: Preparing Witnesses Who Have Limited English Proficiency (LEP)

    by Alexis Forbes, Ph.D. and Will Rountree, J.D., Ph.D. As the litigation environment continues to evolve, we need to prepare witnesses for whom English is not a first language and those with limited English proficiency (LEP). Here, two trial consultants walk us through the issues inherent in witness preparation when your witness is not proficient in English and give strategies for sensitivity and success in witness preparation with LEP witnesses.

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  • As you plan the structure of your case narrative, here's a novel idea for figuring out what prospective jurors find most intriguing about your case. These researchers used a card sort task to have jurors identify which aspects of the case they wanted to hear about first. It's an intriguing look at case presentation planning.

    Jury Decision-making in Excuse Defense Cases: A Novel Methodological Approach

    by Christopher S. Peters, Ph.D. and James Michael Lampinen, Ph.D. As you plan the structure of your case narrative, here's a novel idea for figuring out what prospective jurors find most intriguing about your case. These researchers used a card sort task to have jurors identify which aspects of the case they wanted to hear about first. It's an intriguing look at case presentation planning.

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  • 13 lessons gleaned from mock jurors over more than 15 years of patent and intellectual property work. In cases involving computer hardware and software, industrial processes, mechanical devices, logos and color schemes, tag lines and slogans—jurors have told us what is important to them about disputes involving patents, copyrights, trademarks, and creativity.

    Uncommon Wisdom from Everyday People: 13 Lessons from Patent and IP Mock Jurors

    by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D. 13 lessons gleaned from mock jurors over more than 15 years of patent and intellectual property work. In cases involving computer hardware and software, industrial processes, mechanical devices, logos and color schemes, tag lines and slogans—jurors have told us what is important to them about disputes involving patents, copyrights, trademarks, and creativity.

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  • Are we witnessing the death of the civil jury system? Perhaps. A GWU professor lays out the case for abolishing the civil jury and Susie Macpherson (a trial consultant) and Tom Melsheimer (a litigator) respond.

    The Collapse of Civil Jury Trial and What To Do About It

    by Renée Lettow Lerner Are we witnessing the death of the civil jury system? Perhaps. A GWU professor lays out the case for abolishing the civil jury and Susie Macpherson (a trial consultant) and Tom Melsheimer (a litigator) respond.

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  • What happened in Switzerland when they abolished civil juries?

    Abolition of Juries: The Switzerland Experience

    by Dr. Gwladys Gilliéron, LL.M and Yves Benda, M.Sc. and Stanley L. Brodsky, Ph.D. What happened in Switzerland when they abolished civil juries?

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  • Do trial consultants spell the end of justice? Or the other way around? Or, perhaps, somewhere in the middle?

    Do Trial Consultants Spell the End of Justice?

    by Adam Benforado, J.D. Do trial consultants spell the end of justice? Or the other way around? Or, perhaps, somewhere in the middle?

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  • An exciting new project at NYU: The Civil Jury Project. Here's a conversation between Steve Susman and Tara Trask about the project.

    Hunting Dinosaurs? A Conversation with Steve Susman and Tara Trask on the Vanishing Jury Trial

    by L. Hailey Drescher, M.A. An exciting new project at NYU: The Civil Jury Project. Here's a conversation between Steve Susman and Tara Trask about the project.

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  • How should you act differently on joinder when in a civil or criminal trial? Here's research to aid you with two trial consultant reactions.

    Juries, Joinder, and Justice

    by Krystia Reed, M.A. and Brian H. Bornstein, Ph.D., MLS How should you act differently on joinder when in a civil or criminal trial? Here's research to aid you with two trial consultant reactions.

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