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Tag Archives: Litigation Insights

What’s The Purpose Of The Opening Statement Anyway?

18 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Jury Persuasion, Opening Argument, Trial Tips and Techniques

≈ Comments Off on What’s The Purpose Of The Opening Statement Anyway?

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Jury Persuasion, Litigation Insights, Opening Statements, Robert Gerchen, Trial Tips & Techniques

How Long Should Opening Statements In a Trial Last? by Robert Gerchen – Senior Consultant, Litigation Insights

http://www.litigationinsights.com/case-strategies/opening-statements-length/

In a recent article, we explored how long closing arguments should be (hint: the shorter the better). Yet almost just as often as we are asked how long a closing should be, we are asked how long an opening statement should last. This answer is a little different. First, though, let’s take a look at the true purpose of an opening statement.

The Purpose of the Opening Statement – It’s More Than a Road Map

‘Tell ‘em what you’re going to tell ‘em.’

‘The opening is a ‘road map’ of what is going to be presented in the case.’

So goes conventional wisdom, which says that the opening isn’t intended to persuade, but rather just to foreshadow – a preview, as it were. Like a trailer to a movie.

Have you ever noticed how we often (read: almost always) determine whether we’re going to like a movie based on viewing the trailer? If the trailer is bland, or evokes no emotion within us, do we want to see the movie? If it’s loaded with action and humor and characters we can already tell we’re going to like, don’t we want to see the movie? How often in a theatre have you turned to a friend after viewing a trailer and whispered, ‘I want to see that,’ or, ‘I think I’ll pass.’ Pretty much every time, right? . . . .

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When Your Witness Goes Rogue.

14 Sunday Sep 2014

Posted by Celia C. Elwell, RP in Trial Tips and Techniques, Witness Preparation, Witnesses

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Litigation Insights, Robert Gerchen, Senior Consultant, Trial Testimony, Trial Tips & Techniques, Witness Preparation

Why Didn’t My Witness Do What I Told Him To Do During Witness Preparation?, by Robert Gerchen, Senior Consultant, Litigation Insights

http://tinyurl.com/kvh62we

Boy, have I been there. After spending hours to convince a Vice President of Human Relations that, no, his idea of “explaining” to the case to the jury was a bad idea, of course, that is exactly what he did. It was like a nightmare in slow motion. –CCE

It’s a universal experience. Nearly every attorney who has ever sat down for witness preparation before a deposition, or before trial, to provide clear instructions and guidelines about what to say/not say, or what to do/not do, has at some point found himself asking:

“Why didn’t s/he listen to me?!” . . . .

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Include Juror Background Profiles For Strong Trial Strategy.

08 Thursday May 2014

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

≈ Comments Off on Include Juror Background Profiles For Strong Trial Strategy.

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Background Questionnaire, Juries, Juror Profile, Litigation Insights, Merrie Jo Pitera, Mock Jurors, Ph.D-CEO, Voir Dire

Jury Research Education Series | Developing a Juror Profile: Having a Strong Foundation, by Merrie Jo Pitera, Ph.D-CEO, Litigation Insights

http://bit.ly/1ipKpno

Ultimately, a panel of jurors will decide your case. Knowing as much as possible about those jurors is therefore a critical element of trial strategy. Developing a juror profile you can requires gathering information about the characteristics of pro-plaintiff/pro-defense jurors in a scientifically valid manner. Just asking staff at your firm or a group of friends what they think doesn’t give you reliable information. The most reliable tool to develop your profile is based on the background questionnaire used in your jury research projects. In this blog post, we discuss how results from a questionnaire can serve as the foundation for your juror profile and how to design a well-constructed background questionnaire that gives you information you can trust. . . .

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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?

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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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