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by: Amit Patel, Jury Consultant 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 … 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.
May 2021 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 … more »
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.  
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.