Tag Archives: selection

The Sniper Defense Episode 10 – 10 Common Mistakes that Lead to Losses

In this episode of The Sniper Defense, Tom discusses the 10 common mistakes made by defense attorneys that cause them to lose at trial.

6 Common Reasons Why Defense Attorneys Lose Cases

Depressed tired businessman with hands on head

By Thomas M. O’Toole, Ph.D.

Each year in the United States, juries award billions of dollars in damages to plaintiffs. In 2014, a jury in Florida awarded $23.6 billion to a single plaintiff. There are two possible explanations for these extraordinary numbers. First, for a variety of reasons, defense attorneys are often forced to take unwinnable cases all the way to trial. In these situations, they do the best they can, but cannot avoid the inevitable.

The second explanation is that defense attorneys are failing in some way to adequately try their cases. This is not intended to give insult to defense attorneys. In fact, it’s an overdue acknowledgement of the overwhelming burden that is placed at their feet. While the typical plaintiff’s case has a natural story and appeal that insulates it from even the most unskilled plaintiff attorneys, convincing a judge and jury to embrace a defense theory requires a delicate dance down a path that is fraught with danger at every turn. Continue reading

The Sniper Defense 002 – The Podcast Playbook for Defense Attorneys

In episode two of The Sniper Defense, Tom discusses how to craft an effective jury selection strategy.