Tag Archives: The Litigation Consulting Report

Storytelling Trial Lawyer’s Honey Pot.

24 Friday Mar 2017

Posted by in Jury Persuasion, Storytelling, Trial Lawyers, Trial Tips and Techniques

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The Key Elements of a Good Narrative – at Trial or Anywhere Else, by Tony Klapper, The Litigation Consulting Report, A2L Consulting

http://www.a2lc.com/blog/the-key-elements-of-a-good-narrative-at-trial-or-anywhere-else

Every good trial lawyer is a storyteller. Good storytelling is the same as a good book or movie with a great plot and dialogue. It’s that kind of storytelling that wins trials.

Mr. Klapper has written a wonderful post. At its end, you’ll find a honey pot of links with posts that are a variation on this theme. Sweet. -CCE

Understand Group Psychology Patterns for Winning Trial Strategy.

21 Wednesday Oct 2015

Posted by in Implied Bias, Jury Persuasion, Jury Selection, Trial Tips and Techniques, Voir Dire

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Group Psychology, Voir Dire, Jury Selection and Jury Deliberations, by Ken Lopez, The Litigation Consulting Report

http://tinyurl.com/nugn68v

Since first being exposed to the group psychology work of Wilfred Bion 15 years ago, I’ve been completely fascinated by it. I think his theories perfectly explain the behavior of every group that I’ve ever encountered. From boards that I sit on to groups on reality TV shows, they all behave in the same predictable ways, especially when placed under pressure. . . . [Emphasis added.]

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Research Your Judge!

26 Tuesday May 2015

Posted by in Judges, Research

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21 Ingenious Ways to Research Your Judge, by Ken Lopez, A2L Consulting, The Litigation Consulting Report

http://tinyurl.com/nsca2lu

For small town attorneys, it is possible to get to know a local judge quite well. Not only do you spend time in front of the local judges frequently, but you very likely see them socially as well.

Most of our clients, though, work in large and medium sized law firms in big cities. They likely try more cases outside of their home town than they do within it. They likely appear in court more often on a pro hac vice (temporary) basis than they do in the jurisdiction where they are admitted to practice. So for these lawyers and the teams that support them, it can be a real challenge to understand your judge’s likes and dislikes. . . .

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Top Witness Preparation Tips for Litigators.

24 Wednesday Dec 2014

Posted by in Experts, Litigation, Trial Tips and Techniques, Witnesses

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The Top 14 Testimony Tips for Litigators and Expert Witnesses, posted by Ryan Flax, The Litigation Consulting Report

http://tinyurl.com/me7elwo

Litigators and their witnesses are confronted with difficult situations during testimony, and it’s nice to have reliable ways out of those sticky situations.

Expert witnesses are engaged to provide their expert insight and opinions supporting their client’s case during testimony and are there to tell the truth to the best of their knowledge when questioned at trial or deposition.

Litigators get paid to ask good and, at times, tough questions to get desired answers from the opposition’s witnesses and to help their own witnesses do their best.

During both courtroom testimony and in depositions there are common situations where an attorney tries to make things difficult for the witness. Below, I identify 14 of these common situations and provide some good strategies, both from my own experience as a litigator and from tips collected from attorneys and expert witnesses. Consider the points below when advising and preparing your witnesses for trial and depositions. . . .

Avoiding PowerPoint Suicide At Your Next Presentation.

10 Sunday Aug 2014

Posted by in Legal Technology, PowerPoint, Presentations

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12 Ways to Eliminate “But I Need Everything On That PowerPoint Slide,” by Ken Lopez, The Litigation Consulting Report

http://tinyurl.com/m5ozef8

Have you ever heard any of the following during a PowerPoint presentation?

  • ‘It may be hard to make out the details of this slide.’
  • ‘I’m not sure if you can read this in the back of the room.’
  • ‘In case you can’t read this, let me read it for you.’
  • ‘I know there is a lot on this slide, but bear with me.’
  • ‘Let me try to zoom in on this part of the slide [proceeds to fumble with remote]’

Of course you have heard these apologetic statements. If you are in the business world, you have probably heard them all. However, there is never an excuse to say these things whether in a boardroom or in a courtroom. As much as you may want everything you have to say about a key message on a single PowerPoint slide, as hard as it may be to imagine another way of doing things, I promise, you most definitely do not need everything (or even a lot) on one slide. And, you can still get your point across.

The number one video in my recent article The Top 14 TED Talks for Lawyers and Litigators 2014 as well as other articles I have written like 12 Reasons Bullet Points Are Bad and 7 Ways to Avoid Making Your PowerPoint Slides Your Handout describe methods for limiting the amount you put on your slide.

With all this said, it is important to remember that sometimes you just need everything on a slide. Sometimes it is an advantage. So, in this article, I want to offer twelve easy methods for eliminating PowerPoint slide clutter and focusing your audience’s attention on what matters – you and your message . . .

“How To” For PowerPoint Graphics.

14 Saturday Jun 2014

Posted by in Legal Technology, PowerPoint, Presentations

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16 PowerPoint Litigation Graphics You Won’t Believe Are PowerPoint, by Ken Lopez, The Litigation Consulting Report

http://tinyurl.com/oosuacz

Litigators do not need to know how to create advanced PowerPoint litigation graphics. However, litigators do need to understand what a skilled artist is capable of producing using the program. Most will be surprised to learn what’s possible, and even veteran users of PowerPoint will think there’s an element of magic in some of the presentations shared in this article. . . .

What Do Soap Opera Writers and Master Litigators Have in Common? The Ability to Tell a Great Story.

20 Wednesday Nov 2013

Posted by in Legal Writing, Trial Tips and Techniques

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Are You Smarter Than A Soap Opera Writer?, by Laurie Kuslansky, The Litigation Consulting Report (with hat tip to Ken Lopez!)

http://tinyurl.com/qz8jqgj

As Ms. Kuslansky points out, “There’s always a story, but if you don’t tell yours, jurors will use their own.“ The same is true in documents submitted to the Court. Who else will tell your client’s perspective of events and interpretation of the law? You are the one who tells your client’s story, whether to the Court in a brief or motion or to the jury at trial. CCE

Believe it or not, soap opera writers are better at storytelling than some litigators. Why? Not because of their subject matter or their wisdom, but because they know how to activate more of the brain than some lawyers. They put events into a story context, and they know how to use language to activate the brain better. If they can do it, so can you.