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March 2010 Favorite Thing
by The Jury ExpertPosted on March 1, 2010 | No CommentsEvery issue we tuck in a "Favorite Thing" from an ASTC member. A favorite thing is something freely available on the internet, useful for litigators, and generally speaking, quite cool. This month's Favorite Thing comes from Ted Brooks. Ted Brooks is a Trial Presentation Consultant and President of Litigation-Tech LLC, […] -
A note from the Editor
by Rita Handrich, EditorPosted on March 1, 2010 | No CommentsWelcome to our March 2010 issue of The Jury Expert! Once again, we have diverse and provocative offerings for you. Whether you flip first to our article on apology, choose to travel to East Texas, or ponder the impact of emotional evidence, see just how informative and persuasive visual communication […] -
ASTC 2010 Conference
by ASTC OfficePosted on March 1, 2010 | No CommentsThe American Society of Trial Consultant's Annual Conference for 2010! Minneapolis, Minnesota June 17-20, 2010 Come to beautiful downtown Minneapolis the weekend of June 17-20, 2010 for ASTC's 2010 annual conference and 'Perfect Your Game'. Come hear what our experts (many of whom have written for The Jury Expert) have […] -
Enron to Broadcom: Defending Companies in Court After a Decade of Corporate Scandals
by Richard GabrielPosted on January 1, 2010 | 1 Comment"It's the same thing going on with America these days. It's big business. They just don't care…It felt like they thought they were bigger than the law." – Juror in i4i v. Microsoft patent case – IP Law and Business The Knights of Columbus was […] -
16 Simple Rules for Better Jury Selection
by Mark Bennett, J.D.Posted on January 1, 2010 | 25 CommentsWhen a lawyer screws up jury selection, there is little hope for the rest of the trial. After watching many inauspicious jury selection efforts by prosecutors and criminal defense lawyers, I realized that I might be able to contribute to the state of practitioners' jury selection art by codifying a […] -
Damages: The Defense Attorney’s Dilemma
by Jeri KagelPosted on January 1, 2010 | 6 CommentsDilemma: a situation in which a difficult choice has to be made between two or more alternatives, especially undesirable ones. (Oxford American Dictionaries) In every serious injury or death case, defense counsel faces the dilemma of whether, and how, to confront the issue of damages. Talking to the jury […] -
Law on Display
by Neal Feigenson and Christina SpieselPosted on January 1, 2010 | 5 CommentsLaw has traditionally been about words: trial testimony and oral argument, statutes and judicial opinions, negotiations and jury deliberations. Now, as never before, it's also about pictures displayed on screens: dashboard camera videotapes, digitally enhanced photos, computer animations, and multimedia displays combining photos and videos, drawings and diagrams, and more. […] -
Out and Proud: Ethical and Legal Considerations in Retaining a Trial Consultant to Assist with Witness Preparation
by David A. Perrott, LLB, Ph.D. and Daniel Wolfe, J.D., Ph.D.Posted on January 1, 2010 | 1 CommentDuring cross-examination, a key witness in a recent securities fraud trial was grilled: Q. How about your jury consultant, the consultant that you described, the jury consultant, is he here now? A. Yes. Q. Where? A. In the back [of the] room. Q. Man with the gray beard? A. Sorry? […] -
The “Prep” Question
by Bill GrimesPosted on January 1, 2010 | 3 CommentsEditor Note: As a means of illustrating specifically 'how' to prepare a witness for the 'prep' question, Bill Grimes offers this brief practice-oriented piece. Despite the exposing of Jeff Skilling's jury consultant while he was on the stand in his 2006 Enron fraud trial,1 and a federal judge's ruling in […] -
Colorism: The Often Un-discussed “-ism” in America’s Workforce
by Matthew S. Harrison, Ph.D.Posted on January 1, 2010 | 8 CommentsDue to the number of organizations beginning to see the value in a diverse workforce, more and more organizations are employing affirmative action policies. Of course, with the employment of such practices, issues of race and racial discrimination are becoming much more prevalent. As a result, a surge of research […]