INSIGHTS

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

Strategizing for Trial – Post-Pandemic

The pandemic and other big world events have all had an impact on how juries see our cases and even on the role of witnesses and how to approach them. Developing trial strategy in a post-COVID world is different than it was before the pandemic and we still don’t know the full impact and where jurors’ perspectives on the world will settle. In Trisha Volpe’s latest ThemeVision Focus interview Barnes & Thornburg LLP litigator, trial attorney and soon-to-be managing partner Andy Detherage weighs in on getting ready for trial post-pandemic.

Point In Time Valuation Overlays

A Schematic is a visualization of information in simplified or symbolic form.

Demonstrative Lists/Comparative Lists/Checklists

Lists of evidence are often persuasive in the courtroom, but can also be difficult for decision-makers to remember. A Demonstrative Checklist is a great way to summarize lists of items/criteria/requisites and at the same time make those lists vivid and memorable. Use checklists to engage the audience with your case facts. A checklist can be used... read more

Case Decision Making, Part II: What’s in Your Model?

If the case is about money, it’s helpful to know what the case is worth to those who will eventually decide the issue at trial. Most attorneys probably use reasoned logic in conjunction with the facts of the case to decide this question. Maybe the result is tempered by personal history for those with trial experience. But relying on these things is risky.

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.

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