Articles

Winning Through Preparation – Proactive Discovery

King County Bar Bulletin, December 2011

Everyone says "plan ahead," but what that entails can often be a mystery. Getting your opponent to "dance to your tune from the beginning" of the litigation battle is critical and this article is geared to helping you do just that. Tom O’Toole Ph.D. and Jill Schmid Ph.D. analyze what makes a winning strategy.

Review of “Narrative Persuasion in Legal Settings: What’s the Story”

The Jury Expert, May 2011

Glenn Kuper reviews the article on Narrative Persuasion in Legal Settings by applying his own knowlege in the field of communication. He provides commentary and suggestions for the authors.

Read Article On-line:www.thejuryexpert.com/2011/05/narrative-persuasion/

A Case for the Expanded Use of Supplemental Juror Questionnaires

Washington State Bar Litigation News, Winter 2010-2011

Ted Prosise argues for the expanded use of supplemental juror questionnaires in civil cases. He explores, what fits as an appropriate case and what it means to be considered “fair and impartial.” Before concluding, Prosise presents germane research as support.

Download the document: Here »

Controlling the Narrative: Early Case Assessment and the Myth of the ‘Not Winnable’ Case

Corporate Counsel, December 2010

Ted Prosise, Ph.D. writes of the problem of corporate counsel settling cases they don’t want to because of late, poor assesments. Along with co-author, Portia Moore, Prosise argues that the solution is in a Early Case Assessment or ECA in the first 90-120 days.

Read Article On-line:
www.law.com/jsp/cc/PubArticleCC.jsp?id=1202475561762&Controlling_

Effective Opening Statements and Closing Arguments

King County Bar Bulletin, December 2010

Tom O’Toole Ph.D. and Jill Schmid Ph.D. discuss ten tips on how to effectively deliver opening statements and closing arguments.

Download the document: Here »

Snips and Snails and Puppy Dog Tails: Does What We’re Made of Make a Difference in the Courtroom?

The Jury Expert, September 2010

Senior Consultant, Laura Dominic describes the role male and female speaking styles have with audiences.

Seeing the Forest Through the Trees: Closing Argument and Jury Instructions

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 the document: Here »

Thinking Outside the Box About Those Inside the Box

King County Bar Bulletin, May 2010

Ted Prosise, Ph.D. discusses 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.

Download the document: Here »

Shadow Juries: A Unique Advantage in Civil Trials

Verdict (ABA Trial Practice), Fall 2009

Ted Prosise, Ph.D. discusses the benefits, typical concerns, and methodology of shadow juries.

Download the document: Here »

Planning for Success: Three Ways to Better Manage Your Cases

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 the document: Here »

Page 1 of 412 3 4

Articles

Publications