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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You Don’t Know What You Don’t Know

You don’t know what you don’t know. Did you know that? I come across this often in my practice. Attorneys unwilling to try something new. Attorneys who feel they don’t need help (which is always possible, but never certain).

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Masks & Witnesses

I am hearing from some attorneys that the judge is allowing live witnesses to wear masks. This presents a big problem in that jurors have a need and a right to judge the character of a witness.

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Adapting to the New Legal Landscape

COVID19 has changed the legal landscape. Some things will go back to normal once courts reopen but some will likely remain with us permanently.

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