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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
Keys to Success in Arbitration
Jill D. Schmid, Ph.D., Theodore O. Prosise, Ph.D., Thomas M. O'Toole, Ph.D.
White Paper,
2009
The authors discuss several keys to success in Arbitration including:
1--The Case Strategy: Developing the Narrative and Case Themes;
2--Witnesses
3--Graphics;
4--The Opening Statement and Closing Argument.
Download Document:
KeysADR2009.pdf
Ten Key Questions: Evaluating the Quality of Mock Trial Research
Theodore O. Prosise, Ph.D.
For the Defense - DRI,
August 2007
Ted Prosise, Ph.D. presents a systematic method for assessing mock trial research to build confidence in the results and serve the client.
Download Document:
FTD-0708-ProsiseNew.pdf
Managing the Message: Visual Case Presentation
Theodore O. Prosise, Ph.D.
King County Bar Bulletin,
November 2004
Ted Prosise, Ph.D. suggests how to make case presentations more persuasive and interesting wtih effective visual advocacy for both alternative dispute resolution and trial.
Download Document:
Visual Case Presentation 1104.pdf
Your Witness--Prepare Before Stepping Into the Sun
Theodore O. Prosise, Ph.D.
King County Bar Bulletin,
July 2004
Theodore O. Prosise, Ph.D. shares four principles that help you and your witness testify more credibly.
Download Document:
Your Witness 0704.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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Keys to Success in Arbitration
The Advantage: 4.08: V.5, 1st Edition
With fewer cases going to trial, there has never been a better time to reconsider and redesign one’s litigation strategy. Although there are a number of tools and techniques gleaned from jury trial experience that should be applied to arbitration hearings, ...
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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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Indicators of Quality in Pretrial Small Group Research
The Advantage: 12.05: V.2, 3rd edition
All focus group and mock trial research is not created equal. With the growing prevalence of focus groups and mock trials as assessment tools prior to Alternative Dispute Resolution, it is important that attorneys are aware of what the indicators of ...
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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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Practice Tips: "Do I need a focus group or a mock trial"
The Advantage: 4.04: V.1, 2nd edition
The term “focus group” is widely misused to describe any pre-trial jury simulation research. We often have clients asking for focus group research when what they really need is a mock trial. Tsongas, and many practicing trial consultants, make a clear ...
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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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