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Category Archives: Jury Selection

Intolerance Is A Door That Swings Both Ways When Presenting Your Case.

17 Monday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Closing Argument, Cross-Examination, Direct Examination, Federal Judges, Judges, Jury Instructions, Jury Persuasion, Jury Selection, Making Objections, Opening Argument, Oral Argument, Plaintiff's Counsel, Trial Tips and Techniques, Voir Dire, Witness Preparation, Witnesses

≈ Comments Off on Intolerance Is A Door That Swings Both Ways When Presenting Your Case.

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Conservatives, Dr. Ken Broda-Bahm, Judges, Juries, Liberals, Persuasive Litigator, Politics, Trial Tips and Techniques

Account for Ideological Intolerance, by Dr. Ken Broda-Bahm, Persuasive Litigator™

http://tinyurl.com/kovy8wo

It’s Valentine’s time again. It’s a holiday of love, but in the political world, we’re moving out of yet another debt ceiling standoff and there is no love lost between the two sides of the spectrum. Liberals point to yet another, albeit failed, attempt to hold the country’s full faith and credit hostage, while conservatives point to yet another increase in an already staggering national debt. Neither side can understand the values, arguments, and priorities of the other. And that’s just the debt. Add in social welfare programs, marriage equality, and — as the actual sign from an Arizona gun shop above testifies — gun control, and you’ve got a pretty bitter divide. Polling shows that we are politically more ‘tribal’ than ever before. As we’ve noted in earlier posts, liberals and conservatives appear to use their brains differently when assessing risk, and are resistant to applying basic empathy across the political aisles. . . .

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Jury Consultant’s Voir Dire Tips.

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Jury Instructions, Jury Persuasion, Jury Selection, Peremptory Challenges, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Jury Consultant’s Voir Dire Tips.

Tags

Edward P. Schwartz, Hung Juries, Jury Consulting, Jury Selection, Jury Trials, Lawyers USA, Peremptory Challenges, Supplemental Juror Questionnaires, THE JURY BOX, Voir Dire, Voir Dire Questionnaires

Indirect Questions Reap Most Information in Oral Voir Dire, by Edward P. Schwartz, THE JURY BOX

http://tinyurl.com/lvbx2pz

In reviewing the traffic on my website recently, I was struck by how much more often one particular article was accessed than any other. I used to write a column on trial strategy for Lawyers USA (formerly Lawyers Weekly USA), and this particular article on voir dire strategy from 2006 seems to be very popular, even today. So, in the spirit of giving the public what it wants, here is that article in its entirety.

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How Do Jurors In A Recession Really Feel About The Financial Industry?

09 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Class Actions, Corporate Law, Finance and Banking Law, Jury Persuasion, Jury Selection, Litigation, Trial Tips and Techniques, Voir Dire, White Collar Crime

≈ Comments Off on How Do Jurors In A Recession Really Feel About The Financial Industry?

Tags

Banking Industry, Elizabeth Babbitt M.A., Financial Institutions, For The Defense Magazine, High-Interest Loans, Housing Crash, Jill Leibold Ph.D., Juror Bias, Jurors, Litigation Insights, Louis A. Huber III, Mortgage Foreclosure, Recession

Take This To The Bank: Jurors’ Evaluations Of Financial Industry Defendants During A Recession, by Jill Leibold Ph.D., Director, Jury Research, Elizabeth Babbitt, M.A., Consultant, and Louis A. Huber III, of Schlee, Huber, McMullen and Krause, LITIGATION INSIGHTS

http://tinyurl.com/nx84u56

[I]n the following article, published in DRI’s, For the Defense magazine, we wanted to evaluate biases in the way jurors would view banking or finance defendants. Given that almost all of Americans have felt they’ve been affected by the most recent recession, we conducted a study to gauge those positive or negative attitudes toward the financial industry as well as piece together how these issues could shape jurors’ perceptions toward banking and finance defendants come trial. . . .

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Framing Your Legal Arguments To Persuade.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, First Amendment, Jury Instructions, Legal Writing, Making Objections, Opening Argument, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Framing Your Legal Arguments To Persuade.

Tags

A&E, Chris Kluwe, Dr. Ken Broda-Bahm, Duck Dynasty, Free Speech, Minnesota Vikings, Persuasive Litigator, Phil Robertson, Trial Tips and Techniques

Frame It As “Freedom with Consequences,” by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/mvb6qjy

Ducks and Vikings have been prominent recently on the free expression front of the culture wars. The ‘Duck’ would be Duck Dynasty’s reality star Phil Robertson, who’s recent comments on homosexuality and race caused his network, A & E, to briefly suspend him from the show. The ‘Viking’ would be former Minnesota Vikings punter Chris Kluwe, who was released by the team after controversy following an editorial he wrote in favor of marriage equality. While Kluwe lost his job and Robertson kept his, the similarity in the cases is that both were framed in the public sphere as a question of free expression. But it is less the question of whether Robertson and Kluwe have free speech, but whether they have freedom from the employment consequences of that speech.

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Courtroom Body Language – How to Read It and Use It In Court.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Experts, Judges, Jury Selection, Opening Argument, Trial Tips and Techniques, Voir Dire, Witness Preparation

≈ Comments Off on Courtroom Body Language – How to Read It and Use It In Court.

Tags

Attorneys, Body Language, Expert Witnesses, Judges, Legal Skills Prof, Legal Skills Prof Blog, Trial Tips and Techniques, Witnesses

Tips For Reading And Managing Courtroom Body Language, by Legal Skills Prof, Legal Skills Prof Blog

http://tinyurl.com/k7uxpr7

The most brilliant trial attorneys seem to have a natural instinct for reading people, knowing intuitively what a nod from a juror or glance from a judge implies. For the rest of us, there’s this handy cheat sheet that breaks down some of the most common body language exhibited in the courtroom. You can use it to modulate your own behavior, train your client, or gain additional insight into opposing counsel, judge and jury.

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Better Trial Messages to the Jury.

02 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Jury Instructions, Opening Argument, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Better Trial Messages to the Jury.

Tags

Cambridge, Chunking, Closing Argument, Daniel Bor, Dr. Ken Broda-Bahm, Opening Argument, Persuasive Litigator, Trial Tips and Techniques, Voir Dire

Chunk Your Trial Message, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/jvum7kj

Dr. Broda-Bahm provides excellent ideas for litigators on how to “chunk” their trial messages. -CCE

 Give me the bite-sized version, break it down into pieces, and tell it to me step-by-step. The brain loves to segment, and the process known as “chunking” seems to be a central part of how we recognize patterns, manage information, and form new insights. A recent perspective on the process is articulated by Cambridge neuroscientist Daniel Bor in his book, The Ravenous Brain (2012).

[I]t is one thing for the attorney to get that structure, and it is another thing for her listeners to get it just as well. Litigators and other communicators often believe that they’re breaking things down based on a clear, explicit, and meaningful structure, but their audience instead simply experiences a continuous and unbroken flow of information or arguments. Here are a few rules of thumb for making sure you’re actually chunking when you think you’re chunking:

  • It has to be simple (which usually means flat, without substructure, and limited to a manageable number of main points).

  • It has to be explicit (which usually means actually saying something like, “First point,” “Second point,” and “Third point”).

  • It usually should be previewed (“Tell them before you tell them,” unless you having a strategic reason for preserving a surprise).

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Sharpen Trial Advocacy Skills.

28 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Jury Selection, Making Objections, Opening Argument, Trial Tips and Techniques, Witness Preparation

≈ 1 Comment

Tags

Advocacy, Lawyer, Mock trial, The Trial Lawyers Library, Trial Tips & Techniques, trialtheater blog

The Trial Lawyers Library, trialtheater blog

http://www.trialtheater.com/wordpress/the-trial-lawyers-library/

A trial lawyer’s list of recommended books to develop trial advocacy skills. Although some of the titles may surprise you, each has an intended purpose directly tied to trial advocacy. – CCE

 

 

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Jury Selection – Pick The Person. Forget About Gender.

20 Friday Dec 2013

Posted by Celia C. Elwell, RP in Jury Selection, Trial Tips and Techniques

≈ Comments Off on Jury Selection – Pick The Person. Forget About Gender.

Tags

Dr. Ken Broda-Bahm, Gender Bias, Jury Selection, Persuasive Litigator, Trial Tips & Techniques

Speak to the Person, Not the Gender, by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/nys9zy4

Dr. Broda-Bahm nails it in this post about focusing on the attitudes and experiences of each person on the jury rather than gender. -CCE

We have already, in several posts (here, here, and here) developed the recommendation to not conduct jury selection based on gender or other demographic elements, so I won’t repeat that recommendation here. Instead, I want to focus on the ways advocates should adapt without overcompensating for perceived gender differences. So here are a few suggestions for increasing your odds of speaking and seeing beyond the demographic.

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American Jury System – The Optimal Jury Trial Videos

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in Experts, Jury Instructions, Jury Selection, Trial Tips and Techniques, Voir Dire

≈ Comments Off on American Jury System – The Optimal Jury Trial Videos

Tags

American Jury Section, Judges, Jury, Jury instructions, Jury Selection, Jury trial

Favorite Thing: American Jury System – The Optimal Jury Trial Videos, submitted by Susie Macpherson of NJP Litigation Consulting, ASTC Member Trial Consultants from The Jury Expert
http://perma.cc/0Z3TkwVQy6Z

Impressive collection of resources for judges and attorneys. CCE

These videos are a great resource for attorneys and judges who want to investigate any of these topics, or for those who need ‘hands on’ examples to encourage other judges and attorneys to implement new procedures.”

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Trial Technique Courtroom Tips

25 Friday Oct 2013

Posted by Celia C. Elwell, RP in Direct Examination, Experts, Jury Selection, Legal Technology, Trial Tips and Techniques, Witness Preparation

≈ Comments Off on Trial Technique Courtroom Tips

Tags

Experts, Jury Selection, Legal Technology, Trial Tips & Techniques, Witness Preparation

TRIAL TECHNIQUES: What lawyers should (and shouldn’t) worry about in the courtroom, by Alexandra Rudolph, WisLawJournal.com
http://bit.ly/uDFH17

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Experts, Admissibility, and Rule 705

22 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Admissibility, Court Rules, Evidence, Expert Witnesses, Forensic Evidence, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Experts, Admissibility, and Rule 705

Tags

Admissibility, Evidence, Expert Opinion, Expert Witness, Rule 705, Voir Dire

Who Made You The Expert?: Rule 705 & The Admissibility of Underlying Facts or Data, by Evidence ProfBlogger, EvidenceProfBlog
http://bit.ly/1a085YM

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Comprehensive Discussion of Trial Procedure and Techniques

19 Saturday Oct 2013

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Evidence, Judges, Jury Selection, Making Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

≈ Comments Off on Comprehensive Discussion of Trial Procedure and Techniques

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Closing Argument, Cross-Examination, Direct Examination, Indiana University School of Law, James A. Tanford, Jury Selection, Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques

Everything You Ever Wanted To Know About Trial Procedure And Tactics, by James A. Tanford, Indiana University School of Law
http://www.law.indiana.edu/instruction/tanford/web/reference/basictactics.html

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Voir Dire Tips from Gerry Spence

16 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Voir Dire

≈ Comments Off on Voir Dire Tips from Gerry Spence

Tags

Civil Procedure, Gerry Spence, Litigation Tips & Techniques, Voir Dire

Gerry Spence: Voir Dire Example, by Evan Schaeffer, The Trial Practice Tips Weblog(from Paul Luvera at Plaintiff Trial Lawyer Tips: ““Gerry Spence Voir Dire Questions.”)

http://bit.ly/1g1yY0l

 

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