INSIGHTS
Judge requires juror service despite admitted bias after unsuccessful efforts to rehabilitate
The civil jury trial in Guerrero v. Cardenas presents an extraordinary example of a judge not only trying to rehabilitate jurors who do not want to be jurors in a case but also requiring them to serve. Following a defense verdict, plaintiff claimed the judge improperly required two jurors to serve on the jury despite one saying he would “never serve on a jury” and the other juror expressing reluctance to serve because of what happened to a family member in a jury trial.
Best Practices for Trial: Insights for Lawyers from Actual Juror Feedback
In our jury research studies, we have the opportunity to present facts, evidence, arguments, and witnesses to mock jurors and gather their feedback for analysis. While the conditions of a controlled study such as a mock trial can closely mimic those of an actual trial, differences remain and many mock jurors have never served as... read more
Getting the Deal Done: Part III
As attorneys, we devote much our time to the substance of our arguments for persuasive presentation to opposing counsel, mediators, judges, and jurors. This is rightfully so as we persuade with facts. However, in this COVID era, many courts either remain closed or if open, are seriously backlogged with cases. This means that an increasing number of cases are likely to be decided via negotiation and settlement, rather than in the courtroom.
Arguments: Quality, Quantity, and the Persuasive Power of Three
we cannot truly know whether the spirit of holiday generosity resounded in the minds of jurors, whether consciously or not. Nevertheless even without the backing of hard science, there is the strong perception of a “holiday effect” upon jurors, and attorneys would be wise to contemplate it during this time of the year, lest they be left with a “Bah humbug!” of a verdict.
Holiday Jury Verdicts: ‘Tis the Season “ForGiving”
we cannot truly know whether the spirit of holiday generosity resounded in the minds of jurors, whether consciously or not. Nevertheless even without the backing of hard science, there is the strong perception of a “holiday effect” upon jurors, and attorneys would be wise to contemplate it during this time of the year, lest they be left with a “Bah humbug!” of a verdict.
Principles of Persuasion in Legal Negotiations
Researchers have been studying the factors that influence us to say “yes” to requests for decades. There is a science to how we are persuaded and a lot of the science is surprising. A key figure in persuasion research is Dr. Bob Cialdini, author of a book called Influence. He’s been studying the science of... read more
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