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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
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
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
The Powerful and Mysterious American Jury: Common Misunderstandings by Attorneys, Judges and the Public
Arthur D. Monson, Ph.D.
Washington State Bar News,
August 2002
Art Monson, Ph.D. sums up many of the common misunderstandings of juries that many have. The article was created from the combined 45 years of experience of the authors.
Read Article On-line:
www.wsba.org/media/publications/barnews/archives/2002/aug-02-powerful.htm
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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Conquering the Invasion of the Bullet Points
The Advantage: 8.08: V.5, 2nd Edition
You’ve all been there – a boardroom presentation, lunchtime CLE, keynote speech at an awards banquet. The lights go dim, the screen comes down, and here it comes – the predictable march of the bullet points. You hope for just one slide with visual interest ...
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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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Arming Your Jurors for Deliberation
The Advantage: 12.06: V.3, 3rd edition
Over the past fifty years, an extensive amount of literature has been devoted to an examination of the impact of “extra-legal” factors on a jury’s decision-making process. “Extra-legal” factors are those factors that lie outside the scope of what is ...
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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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Fundamentals of Opening Statement Preparation: Speech 101
The Advantage: 8.06: V.3, 2nd edition
Whatever else your opening statement might be, it is fundamentally “just a speech.” This is in no way meant to minimize the importance of an opening or make light of the pressure or anxiety felt when faced with the daunting task of writing one. It ...
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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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A View From the Bench: Interview with the Honorable R.E. Jones, Senior Judge of the US District Court of Oregon
The Advantage: 3.05: V.2, 1st edition
Rulings on motions and objections provide an immediate reading of the judge’s view of very specific issues. Occasionally, a judge will reveal observations about the nature of trial or the conduct of counsel – some of those may not be what you wanted ...
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Voice of Experience: "Does closing really make a difference?"
The Advantage: 3.05: V.2, 1st edition
Does your closing argument really make a difference? Yes, but probably not for the reasons you think.
In our December 2004 issue of The Advantage, we explained that despite common wisdom, jurors do not make up their minds after opening stateme ...
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Debunking a Common Myth: Jurors DO NOT make up their minds after opening
The Advantage: 12.04: V.1, 3rd edition
A common myth among the legal community is that jurors make up their minds about a case at the end of opening statements. The origin of this myth can be traced largely to a misreading of the 1966 University of Chicago jury study by Kalven and Zeisel, ...
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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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Voice of Experience
The Advantage: 12.04: V.1, 3rd edition
A common myth among the legal community is that jurors make up their minds about a case at the end of opening statements. The origin of this myth can be traced largely to a misreading of the 1966 University of Chicago jury study by Kalven and Zeisel, ...
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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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