Insights on Jurors, Strategy and the Psychology of Persuasion

Explore articles on jury research, trial preparation, case framing, and the techniques that
shape how modern juries think and decide.

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Insights on Jurors, Strategy and the Psychology of Persuasion

Stay sharp with insights drawn from real jurors, tested strategies, and years of courtroom experience. Our blog explores the psychology behind persuasion, the structure behind case framing, and the research that drives results.

Whether you're heading to trial or preparing for mediation, these articles offer practical, research-backed guidance for every stage of litigation.
Miscellaneous

What is Juror-Proof?

There are two kinds of proof: 1. Legal proof, which is the proof needed to satisfy legal elements of a claim. This is relevant when making arguments to the court or writing briefs and motions, etc. 2. Juror-proof, which is needed to get jurors to find in your favor.
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Let’s talk bifurcation

Let’s talk bifurcation. Nick Rowley recently gave a talk about bifurcation, and I agree with his thinking and belief that bifurcation is widely underutilized. However, I think there are some risks that Nick may overcome simply by being Nick, so let’s discuss.
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Voir Dire

What To Do (And Not Do) With Short Voir Dire Time

Voir dire time in many places is now limited to 15-30 minutes (if you get attorney-conducted voir dire at all!). Aside from filing motions for extended voir dire, arguing with the judge, asking for more time when your time is about to be up, and many other suggestions for getting more voir dire time, I want to address some ideas of what to do when you are stuck with such a small amount of time.

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Jury Research

Keeping Jurors Awake and Interested

On my days off, I walk into my nearest courtroom and watch jury trials. I look for how long it takes me to figure out what the case is about and how long the attorneys keep my attention.

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Opening Statement

Why Only Positive Statements in the Opening Story?

I edit a lot of opening statements. A lot. And one of the most common mistakes I see is inserting negatives into the story structure. For example, stating that the defendant did NOT check the pressure in his tires or the defendant did NOT take the patient’s blood pressure.

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