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by Dennis DevineApril 2021 All legal cases involve a host of important decisions. In litigation or in preparation for trial, consider these: Should we file Motion X with this judge? How will jurors react to Witness Y? What will jurors think the case is worth? What are our chances of a favorable judgment if this … more »
by: Amit Patel, Jury Consultant 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. … more »
Telling your client’s story at trial in a compelling and persuasive way is what trial lawyers do. While the pandemic has delayed most jury trials, the courts are opening up and many trials have moved forward in the last year, some virtually and some with a virtual/in-person twist. How can you still be effective and engage with the jury when trial doesn’t look like it used to? In this ThemeVision Focus video, watch Trisha Volpe’s interview with top Gordon Rees Scully Mansukhani, LLP trial attorney Nancy Erfle who conducted a recent jury selection via Zoom and was part of the team trying the case in person. Here’s her perspective on trial storytelling during the pandemic and whether some aspect of the virtual trial is here to stay.
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.
Every legal case comes with a host of decisions. Some are big and bright; many are small and subtle. Some are not even perceived as decisions due to the chilling effect of convention, personal habit, or law-firm policy. But there are always many questions—and where there are questions, there are decisions. Consider several that arise … more »
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.
In a previous article, “Getting the Deal Done: Cognitive Science in Negotiation,” I examined how strategic use of loss aversion and disaggregation of gains & aggregation of losses can bring persuasive punch to a negotiation. Can taking a page from a FBI hostage negotiator and getting someone to say “no” actually facilitate completion of a … more »
Sometimes a few simple tools and tricks can make all the difference in your video conference calls. How can you point to important sections in documents or review documents more efficiently during a video conference? What about good lighting? These are all important questions as we try to balance presenting our best selves as lawyers … more »
By: Amit Patel & Dennis P. Stolle 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 … more »
Whether buying a car, haggling with a child over bedtime, or trying to lock down a big business deal, negotiation is a certainty in our lives, and for many of us, essential to our work. With so many driving factors, any appreciable edge can prove crucial to success. Where can we look to find that edge? Cognitive science studies provide guidance on how we can seal the deal. Here are a couple of tips informed by psychology to help you negotiate more effectively.