Practice Points
New Variants on Old Stereotypes
Voir DireDuring this two year period while lawyers haven’t been to court, a different type of pandemic has been occurring. It’s a labeling pandemic where new stereotypes pack a powerful punch. ... Read More
Talking About Race During Jury Selection
Jury Selection and Voir Dire QuestionnairesEven before the tragic death of George Floyd in June of 2020 and the Black Lives Matter movement that has gained significant world-wide traction, there’s long been a concern among ... Read More
Online Focus Groups Simplify the Morass
Focus Groups, Mock Trials/Focus Groups/Trial StrategyTake Advantage of the Pause While the Covid pandemic has presented unique challenges for trial lawyers and their clients, the pause on jury trials has given proactive lawyers the time ... Read More
Pre-Trial Vindication: What is it worth?
Focus Groups, Mock Trials/Focus Groups/Trial StrategyIn this profession, you sometimes get cut off to the real tragedy that has impacted a person who had made the commitment to litigate. Many cases I work on involve ... Read More
“Showing Up” for Voir Dire is Not Enough
Voir DireWhat does voir dire preparation mean? In my experience, good lawyers prepare for everything except jury selection. When it comes to jury selection, they think about it, talk to friends ... Read More
Jury Selection is Easier Than You Think: 5 Techniques for a Better Jury
Voir DireWhen it comes to jury selection, old habits die hard. Lawyers can’t help but go into “lawyer mode”. They think “this is my chance to get jurors on my side. ... Read More
How to Avoid Black Eyes and Goose Eggs: Settle Your Cases With the Benefit of Jury Focus Groups
Focus GroupsIf you’ve seen the game show “Deal or No Deal” you may share my frustration when you see Howie Mandel asking contestants if they believe there’s one million dollars in ... Read More
Does Your Opening Statement Require a 2 Drink Minimum?
Opening StatementsPreparing Opening Statements: I recently saw two performers at a comedy club. One had a routine that was 85% spontaneous while the other comedian was 85% pre-planned. You guessed it ... Read More
When The Perfect Witness Isn’t
Mock Trials/Focus Groups/Trial StrategySay you are defending a large corporation with a national reputation. You have a key witness who is a young (40s), Hispanic female who started out at the very bottom ... Read More
Online Focus Group Leads to Victory: Real Jurors Award Full Value
Mock Trials/Focus Groups/Trial StrategyAn online jury focus group was used in a medical negligence case where the plaintiff had been incarcerated at the time the claim arose. He had believed that he had ... Read More
Social Media Research During Jury Selection
The New Necessity: Imagine you represent a police officer charged with murder in a case that sparks outrage in a racially-divided community. To protect your client from the rampant bias ... Read More