How well do you think you know your cases? I don’t mean the deadlines for discovery or the legal rulings by the judge. I mean, how well d...

Over the years, I’ve come to realize that a good majority of attorneys believe that there are only one or two variations of focus groups ...

Confirmation bias is the tendency for a person to distort information to fit with existing beliefs. Any information that conflicts with t...

I was running some focus groups this past weekend on a negligence case where the main issues were causation and damages. Without breaking...

The jurors in the Drew Peterson case are drawing some media attention. While it seems to be out of a movie (Runaway Jury, in fact), the j...

On my days off, I walk into my nearest courtroom and watch jury trials. I look for how long it takes me to figure out what the case is ab...

The more I am called in to help attorneys with jury selection, the more I realize their money may have been spent better elsewhere. Am I ...

A few weeks ago, I watched some very seasoned attorneys try a negligence case.  I was only able to watch one day of testimony but spoke w...

This post is a plug for focus groups – not necessarily done by me, although I welcome the opportunity always – but done by anyone who know...

This post is not strategy-related, but as a practical matter, I often run into an issue when working on focus grouping a case that can be...

As advanced as humans are, we are still primitively just mammals belonging to a herd.  Animals and people stay in herds because it provid...

Do you ever feel like jurors decided your case randomly or based on something other than the evidence you presented?  It’s highly probabl...

If you are a Plaintiff’s attorney and have not yet read Rick Friedman’s “Polarizing the Case,” I highly suggest it – and this post probab...

If you’ve spent any time interviewing jurors, you know that eyewitness testimony holds great weight.  And if you’ve spent any time resear...

In my last post, I talked about trusting jurors.  The flip side to that is that you need to be trustworthy.  There are many elements that...

There have been many studies done on lie detection and the results are often disheartening.  Most of us, including police officers, fare ...

In one of my previous posts, a reader asked about a new theory called Argumentative Theory or Argumentative Reasoning.  I thought it woul...

In my years of studying jurors, I have come to find attorneys just as intriguing.  Attorneys know their cases extremely well.  So well, i...

When you go through law school, socialize with other attorneys, and draft motions directed to attorneys and judges, you can easily lose t...

You’re creating the story of your case for opening and trial.  You have a situation where a business allowed an unsafe condition to exist...