Publications
The Critical Importance of Giving Directions in Closing Argument
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In this article, published in the November 2017 issue of the King County Bar Bulletin, Tom and Jill discuss a critical task for closing argument that is most often forgotten or neglected by trial attorneys. Specifically, Tom and Jill highlight the importance of arming those who have been persuaded by your theory of the case to effectively exert control over the deliberation process.
10 Signs of Who Will be Opinion Leaders in Deliberations
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In this article, published in the December 2016 edition of the King County Bar Bulletin, Tom and Jill identify the many signs among jury members that indicate potential opinion leadership in jury deliberations
Juries 101: Three Core Factors in Jury Decision-Making
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In this article, published in the November 2016 edition of the King County Bar Bulletin, Tom and Jill discuss the three fundamental principles of jury decision-making that should be considered in all strategy development efforts, regardless of the case type.
The Importance of Being Small at Trial
Thomas M. O’Toole, Ph.D.
In this article, published in the August 2016 edition of the King County Bar Bulletin, Tom discusses the strategic importance of making yourself as small as possible at trial in order to exert greater control over what happens in the jury deliberations.
Hidden Forces at Work Behind Jury Decision
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In this article, published in the March 2016 edition of the King County Bar Bulletin, Tom and Jill the common hidden forces at play in jury deliberations that influence final opinions of a case and the process that jurors use to reach a verdict.
The Importance of Faith in Your Trial Strategy
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In the February 2016 edition of the King County Bar Bulletin, Tom and Jill discuss common sources of distractions that can cause attorneys to change course during trial and emphasize the importance of having faith in the core aspects of the case strategy.
Three Keys to an Effective Employment Litigation Strategy
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In this article, published in the January 2016 edition of the King County Bar Bulletin, Tom and Jill discuss three issues every attorney involved in employment litigation should consider during case strategy development. These three principles are derived from Tom and Jill’s work across the country with hundreds of mock jurors, shadow jurors, and real jurors on employment cases.
It’s Getting Hot in Here: How Anger and Frustration Drive Verdicts
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
In this article, published in the September 2015 edition of the King County Bar Bulletin, Tom and Jill discuss the key factors that lead to “run-away” verdicts. This article focuses on how anger, not sympathy, drives large damage awards. It also tackles the popular Reptile theory used by many plaintiffs’ attorneys across the country.
The Games Attorneys Play in Jury Selection
Thomas M. O’Toole, Ph.D.
In this article, published in the June 2015 edition of the King County Bar Bulletin, Tom discusses three common and unproductive games attorneys play during jury selection. The limitations of each are highlighted and Tom offers alternative strategies to help attorneys navigate the intricacies of the jury selection process.
An Alternative View of Deliberations and Jury Persuasion
Thomas M. O’Toole, Ph.D.
In this article, published in the April 2015 edition of the King County Bar Bulletin, Tom identifies and discusses ten critical moments in deliberations can change the course of the discussion that drives the final verdict. Tom argues that a better understanding of these key moments in jury deliberations can vastly improve an attorney’s strategy development and presentation efforts over the course of trial.
The Right and Wrong Ways to Prepare Your Witness for Deposition
Thomas M. O’Toole, Ph.D.
In this article, published in the February 2015 edition of the King County Bar Bulletin, Tom discusses strategies for a witness preparation session that best position the witness for success in a deposition. Tips for improving witness performance as well as common barriers to effective preparation sessions are highlighted.
The Impact of Jury Constitution on Deliberations
Thomas M. O’Toole, Ph.D. and Kevin R. Boully, Ph.D.
In this article, published in the July 2014 edition of the King County Bar Bulletin, Tom and a colleague identify the common personality types that arise during jury deliberations and discuss how each personality type potentially influences the course of deliberations.
In The Shadows: Real-Time Juror Feedback From Trial
Thomas M. O’Toole, Ph.D.
In this article, published in the May 2014 edition of the King County Bar Bulletin, Tom draws on his experience conducting shadow juries across the country and highlights some of the common issues that arrive with jurors over the course of the trial.
The Pros & Cons to the Reptile Approach to Trying Cases
Thomas M. O’Toole, Ph.D.
In this article, which was published in the February 2014 edition of the King County Bar Bulletin, Tom evaluates Keenan and Ball’s Reptile strategy and discusses the pros and cons of using it as a framework for presenting a case at trial.
Strategies on the Fringes of the Storytelling
Thomas M. O’Toole, Ph.D.
In the October 2013 issue of the King County Bar Bulletin, Tom discusses the shortcomings of the “story model” that is often used by jury consultants to guide strategy development in litigation. Tom identifies specific and practical steps attorneys can take to ensure their “story” emerges in jury deliberations.
Defeating the Reptile: Strategies for Dismantling the Plaintiff's Revoloution
Thomas M. O’Toole, Ph.D.
Tom analyzes the strengths and weaknesses of the Reptile theory put forth by David Ball and Don Keenan and identifies strategies for defense attorneys looking to defeat plaintiffs engaging in Reptilian tactics.
Effective Strategy Development for Motions for Summary Judgement
Thomas M. O’Toole, Ph.D.
Tom discusses the increasing use of summary judgment to terminate litigation or influence its results and highlights strategies for increasing the chances of success through summary judgment briefing and oral argument.
Arming Witnesses for Success: Tips and Tools for Effective Deposition Preparation and Practice Sessions
Thomas M. O’Toole, Ph.D.
Tom discusses common hurdles witnesses face in depositions and identifies effective strategies that can be practiced beforehand in deposition preparation sessions to help the witness tell the truth well and successfully navigate the common tricks deployed by opposing counsel.
Seeing the Forest Through the Trees: Closing Argument and Jury Instructions (pg. 9)
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
Tom and Jill discuss organizational tactics and effective use of key jury instructions in closing argument to arm jurors to serve as persuasive advocates for your client in deliberations.
What No One Teaches Lawyers About Communication (pg. 1)
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
Tom and Jill discuss the importance of incorporating an audience-centered communication approach into the trial presentation strategy in order to simplify the case and increase its persuasiveness to jurors.
Telling Your Client's Story in Eleven Sentences Leads to Better Trials (pg. 5)
Thomas M. O’Toole, Ph.D. and Jill D. Schmid, Ph.D.
Tom and Jill discuss the elements that make up a good story and identify strategies for increasing the likelihood that your client’s story will emerge in the deliberation room.