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Seeing the Forest Through the Trees: Closing Argument and Jury Instructions
Thomas M. O'Toole, Ph.D. and Jill Schmid, Ph.D.
DeNovo,
August 2010
Tom O. Toole and Jill Schmid provide a list of 10 tips to help the litigation attorney set and execute their strategy.
Download Document:
denovo0810.pdf
Thinking Outside the Box About Those Inside the Box
Theodore Prosise, Ph.D. and Matthew McCusker
King County Bar Bulletin,
May 2010
Ted Prosise, Ph.D. and Matt McCusker discuss the problem with assuming that census data is an accurate predictor of who shows up for jury duty. They specifically explore data from King County and compare it to local census data and discuss the findings.
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Thinking_outside_the_box_0510.pdf
Planning for Success: Three Ways to Better Manage Your Cases
Thomas M. O'Toole, Ph.D. and Jill Schmid, Ph.D.
King County Bar Bulletin,
October 2009
Tom O'Toole and Jill Schmid share three ways to better manage cases:
1) Use Your Narrative Framework to Guide Discovery;
2) Prepare Key Witnesses for Depositions, and;
3) Plan Ahead for Jury Selection.
Download Document:
Planning For Success.pdf
The Non-Testifying Expert in the Courtroom
Jill Schmid, Ph.D. & Thomas O'Toole, Ph.D.
King County Bar Bulletin,
September 2009
Jill Schmid and Tom O'Toole describe the many attitudes and experiences of jurors on employment cases. The authors discuss implications on the presentation of the case and jury selection.
Download Document:
The Non Testifying Expert in the Courtroom article.pdf
Juror Attitudes in Medical Malpractice Litigation
Thomas M. O'Toole and Bruce Boyd
King County Bar Bulletin,
June 2009
Tom O'Toole, Ph.D. and Bruce Boyd explore some of the most prevalent juror attitude variables in medical malpractice litigation.
Read Article On-line:
www.kcba.org/newsevents/barbulletin/archive/2009/09-06/article5.aspx
Gender Differences in the Courtroom: Understanding and Capitalizaing on Factors that Impact Credibility
Laura Dominic & Jill Schmid, Ph.D.
Sue,
Apr/May 2009
Laura Dominic and Jill Schmid, Ph.D. discuss gender differences in the courtroom by exploring:
--The masculine/feminine communication continuum
--Nature versus nurture: The socialization of boys and girls
--The impact of gender on decision making - stereotypes and shortcut reasoning
--The impact of gender on credibility
--credibility and walking the thin line
--verbal communication
--nonverbal communication
Republished with permission by sue magazine (www.suemagazine.com)
Download Document:
SueMagazineAprMay2009.pdf
Persuasion Starts with Strategy
Chris Dominic and Bruce Boyd
Verdict: The Journal of the ABA Trial Practice Committee,
Vol. 23, No. 1, Winter 2009
Chris Dominic and Bruce Boyd discuss the problem of "doing a good job of executing the wrong strategy." The authors encourage trial attorneys to ask three key questions when determining their strategy.
Download Document:
PersuasionStartswithStrategy.pdf
Telling Your Client's Story in Eleven Sentences Leads to Better Trials
Thomas M. O'Toole, Ph.D. and Jill D. Schmid, Ph.D.
DeNovo,
February 2009
Tom O'Toole, Ph.D and Jill Schmid, Ph.D. address the importance and power of keeping even the most complicated cases as simple and clear as possible by prescribing eleven steps. The article can be found on pages 5-7.
Download Document:
denovo0209.pdf
A Narrative Framework for Patent Litigation
Thomas M. O'Toole, Ph.D.
King County Bar Bulletin,
January 2009
Tom O'Toole, Ph.D. explores the themes and deep frames that make a difference in the story of a patent case. In this article Tom looks at: the american dream, the invention story, the marketplace, differences over similarities, the Patent and Trademark office (PTO), the first one ot the patent office wins, David vs. Goliath, and "Business is Business."
Download Document:
NarrativeFrameworkPatent0109.pdf
Anatomy of a Medical Malpractice Verdict
Thomas M. O'Toole, Ph.D., Bruce Boyd, Theodore O. Prosise, Ph.D.
Montana Law Review,
Winter 2009, v. 70, no. 1
Tom O'Toole, Bruce Boyd, and Ted Prosise explore, "Three key theories of juror decision-making and courtroom communication" in their article, "Anatomy of a Medical Malpractice Verdict."
The three theories explored include: A) Audienced-Based Communication; B) The Narrative Model; and C) Elaboration Likelihood Model.
Download Document:
AnatomyofaMedMalVerdict.pdf
What No One Teaches Lawyers About Communication
Thomas M. O'Toole, Ph.D. and Jill D. Schmid, Ph.D.
DeNovo,
December 2008
Tom O'Toole, Ph.D. and Jill Schmid, Ph.D. explore some of the fundamentals of communication and advocacy that are essential to litigation but not significantly covered in most law schools.
Download Document:
denovo1208.pdf
Article Commentary on "Using the Science of Persuasion in the Courtroom"
Chris Dominic
The Jury Expert,
September 2008
Chris Dominic provides commentary on Burkley and Anderson's article that takes empirical research on persuasion and applies it to the courtroom setting in the September 2008 edition of "The Jury Expert."
Download Document:
Burkley Sept 2008 TJE1.pdf
Common Defense Errors
Chris Dominic
Oregon Association of Defense Counsel,
Winter 2006
Chris Dominic highlights some strategic errors that are commonly made and can be avoided. Some of the errors highlighted are:
--Choosing the technical case over the persuasive narrative;
--Using arguments your social group finds persuasive;
--Assuming that your witnesses will be interpreted the way you interpret them.
Download Document:
Common Defense Errors Winter 06.pdf
The Secret to Winning Over Jurors Away From Home: Just Be Yourself
Jill D. Schmid, Ph.D. and Chris Dominic
Oregon Association of Defense Counsel,
Spring 2006
Jill Schmid, Ph.D. and Chris Dominic discuss the temptation to over focus on source similarity issues when addressing juries outside of one's home venue. Five specific suggestions are made as an alternative.
Download Document:
Jurors Away From Home OADC 2006.pdf
Strategy, Planning Lead to Success
Theodore O. Prosise, Ph.D.
King County Bar Bulletin,
October 2005
Ted Prosise, Ph.D. discusses methods for getting an advantage in litigation. Specifically they discuss: Using a Courtroom Setting; Increasing Witness Comfort; Developing the Case Story Early; and Working with Consultants.
Download Document:
Strategy 1005.pdf
Us and Them: A comparison of juror attitudes in Oregon and the Northwest
Chris Dominic
Oregon State Bar Bulletin,
December 2003
Chris Dominic compares Oregon juror attitudes with: Northwesterners; Washingtonians; as well as a comparison of urban to rural Oregon juror attitudes. The findings of the articles are reported from the Tsongas Litigation Consulting 2003 Northwest Juror Attitude Survey.
Read Article On-line:
www.osbar.org/publications/bulletin/03dec/jurors.html
What Washington Jurors Really Think
Chris Dominic
Washington State Bar News,
December 2003
Chris Dominic provides a broad overview of the findings of the Washington State elements of the Tsongas 2003 Northwest Juror Attitude Study. The study is the first, large sample size study of juror attitudes in the Northwest.
Read Article On-line:
www.wsba.org/media/publications/barnews/2003/dec-03-dominic.htm
Dealing with Damages
Chris Dominic
King County Bar Bulletin,
October 2003
Chris Dominic provides an overview of many of the factors involved in damages and juror decision making. The article briefly discusses the variables of: case characteristics, venue, motivation, individual juror attitudes, group dynamics, characteristics of the decision makers, and jury instructions.
Download Document:
Dealing With Damages 1003.pdf
Competitive Advantage: Five tips on the effective use of trial consultants
Bruce Boyd and Chris Dominic
Oregon State Bar Bulletin,
October 2002
The question put to Bruce Boyd and Chris Dominic was "how does an attorney work best with a trial consultant." They answer in this article with five tips on how to get the most out of working with jury/trial/litigation consultants.
Download Document:
Competitive Advantage 1002.pdf
How to Avoid “The Nostradamus Effect” with Early Case Assessments (ECAs)
The Advantage: 9.10: V.7, 2nd edition
What qualities make someone a well-respected predictor? To answer this question, it is helpful to look to the most famous prognosticator of all time: Nostradamus. Few remember that before he gained single-name celebrity status (a la Madonna), Michel ...
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Umpires and Executives: The Power of Apologies in Legal Disputes
The Advantage: 9.10: V.7, 2nd edition
Few people have gone to celebrity status faster than Jim Joyce. You may not recognize his name immediately, but his tumultuous 15 minutes of fame are unlikely to be forgotten. Mr. Joyce was the baseball umpire who yelled “Safe!” and ended Detroit Tigers’ ...
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Juror Dynamics: The Pressure to Conform
The Advantage: 4.09: V.6, 1st edition
Jury Dynamics: The pressures to conform
“I have regrets that I caved in.” “I didn’t have anything sufficient to use as an argument against it, and once you have ten people arguing against you it’s pretty difficult to get anywhere.”
Wh ...
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A View From the Jury Box: Jurors From a Recent Trial Share Their Observations
The Advantage: 12.08: V.5, 3rd edition
We recently had the opportunity to talk with a group of jurors who served on a multi-week trial in a State court case. Six of the twelve jurors met with us to discuss their overall reactions to the trial process. Their observations about the evidence, ...
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Sex in Court
The Advantage: 12.07: V.4, 3rd edition
Pants or dresses? Navy or gray? Heels or flats? Is this diamond too big? Too small? These questions skirt the issue, so to speak. What’s really being asked is “How can a woman lawyer best represent her client in a context that has been dominated by ...
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A View From the Bench: A series of informal interviews with the men and women who see the most courtroom action: our state and Federal Judges
The Advantage: 9.07: V.4, 2nd edition
A judge’s rulings on motions and objections can provide an immediate reading of the judge’s view of very specific issues. Occasionally, a judge will reveal opinions about the nature of trial or the conduct of counsel-- some of which may not be what you ...
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Jurors' Common Wisdom: "I don't know...I'm just the CEO"
The Advantage: 5.07: V.4, 1st edition
In our last “Common Wisdom” column, we told you that many jurors assume that plaintiffs’ attorneys take a third of the money awarded and often adjust the award accordingly. Another issue jurors insist they know as well as fee arrangements relates to ...
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Insider Tip: Meeting your consulting needs
The Advantage: 12.06: V.3, 3rd edition
As 2006 comes to a close, we reflect on the various work our firm has provided throughout the year. Of particular note is the number of seminars (CLE presentations, seminars for national and regional law organizations, etc.) that our consultants have ...
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Jurors' Common Wisdom: "Attorneys take a third"
The Advantage: 12.06: V.3, 3rd edition
As much as we’d like to think that jurors adhere to the Court’s instructions not to consider attorneys’ fees when discussing damages, jurors invariably do. Our firm has conducted over 400 mock trials (approximately 1200 mock jury panels), and with very ...
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Industry Update: Trial consultants practicing more prior to ADR
The Advantage: 8.06: V.3, 2nd edition
On a recent case a lively discussion ended abruptly when a member of the trial team innocently asked, “What is our plan for mediation anyway?” Upturned mouths went straight and the silence became awkward as they realized that for all of their hard work ...
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How Will My Jury Arrive at Damage Figures?
The Advantage: 4.06: V.3, 1st edition
The sheer amount of information that jurors are asked to process in a trial is daunting for even some of the most sophisticated minds. Fortunately, humans seem to be pre-programmed for such tasks in their ability to cognitively store information by ...
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You Have More Important Things to Worry About
The Advantage: 4.06: V.3, 1st edition
A particularly common scenario for trial consultants involves an attorney that is about to present a case in front of a jury vexing over presentational details such as which suit to wear. These questions typically merit a simple response: “You have ...
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Practice Tips: Fighting the defensiveness demon
The Advantage: 12.05: V.2, 3rd edition
“Attack Back!” – It’s usually a person’s first response to an attack. It is how the game is played—an offense and a defense. However, when you are looking to a jury or to the court for a win, simply defending against the opposition’s attacks does not ...
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Tsongas Expands Seattle Presence: Opens new office and state-of-the-art facility
The Advantage: 8.05: V.2, 2nd edition
The Mock Courtroom/Focus Group facility at Tsongas Litigation Consulting - Seattle is the only one of its kind in the Northwest, and one of the few in the nation specifically designed for conducting mock trials and other pretrial research. Tsongas’ ...
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Practice Tips: Starting Your Opening with the Silver Bullet
The Advantage: 12.04: V.1, 3rd edition
Our April 2004 Newsletter article, “The Case Story and Juror Reasoning,” explained why composing your opening in the form of a story is so important. We have long recommended condensing that story to a single, high impact paragraph we call a “Silver ...
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The Case Story and Juror Reasoning
The Advantage: 4.04: V.1, 2nd edition
In a recent mock trial, learning jurors found two emails more persuasive than a statistically significant academic study surprised our clients. Both the emails and the study suggested the same thing. One might think scientifically based evidence would ...
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