Effective Strategy Development is About Case Focus
By Thomas M. O’Toole, Ph.D. “A verdict is a product of what jurors choose to focus on.” This mantra has been drilled into my head
Thomas O'Toole, Ph.D.
December 1, 2014
Selling Your Case in Voir Dire: When Poor Strategy Meets Fed-Up Judges
By Thomas M. O’Toole, Ph.D. I am writing this week’s blog post on a plane ride back from the east coast where I just finished
Thomas O'Toole, Ph.D.
October 31, 2014
Roger Goodell, the NFL, and the Importance of Central Facts
By Thomas M. O’Toole, Ph.D. The current NFL scandal surrounding Ray Rice and his wife, and the numerous subsequent incidents with other players (i.e. Greg
Thomas O'Toole, Ph.D.
September 25, 2014
A Simple Exercise for Effective Theme Development
By Thomas M. O’Toole, Ph.D. Libraries have shelves and shelves of books and articles full of clever tricks and tips for developing effective case theories
Thomas O'Toole, Ph.D.
September 19, 2014
Don’t Let “Cues” From The Jurors or Judge Lead to Impulsive Decisions
By Thomas M. O’Toole, Ph.D. One of the greatest difficulties in any trial is coping with the uncertainty of the outcome. There is a sense
Thomas O'Toole, Ph.D.
September 3, 2014
Jury Duty is So Much More Boring Than You Realize (And How It Impacts Your Presentation Strategy)
By Thomas M. O’Toole, Ph.D. It finally happened this past week. I was called for jury duty. I have spent my entire adult life studying
Thomas O'Toole, Ph.D.
August 18, 2014
A Look at “Outside the Box” Trial Practices Endorsed by Courts, but Under-Utilized by Attorneys
By Thomas M. O’Toole, Ph.D. In 2007, the American Bar Association (ABA) released its updated Civil Trial Practice Standards. The ABA described the standards
Thomas O'Toole, Ph.D.
August 4, 2014
Primed to Decide: How Impactful are Opening Statements?
By Thomas M. O’Toole, Ph.D. Primacy and recency are, by far, the most popular theories of persuasion that arise in my discussions with attorneys. I
Thomas O'Toole, Ph.D.
July 7, 2014
Strategies for Influencing Jurors’ Note-Taking (Part 2)
By Thomas M. O’Toole, Ph.D. Last month, I wrote about the importance of juror note-taking and raised the question of how an attorney might exert
Thomas O'Toole, Ph.D.
June 17, 2014
Nothing Brings “Story-Telling” to a Grinding Halt Like Laying Foundation
By Thomas M. O’Toole, Ph.D. I have been very fortunate to have had the opportunity to watch several longs trials from start to finish over
Thomas O'Toole, Ph.D.
May 20, 2014
Strategic Considerations of How Case Presentation Influences Jurors’ Note-Taking (Part 1)
By Thomas M. O’Toole, Ph.D. There has been a lot of discussion and research devoted to the value of juror note-taking. Not too long ago,
Thomas O'Toole, Ph.D.
May 1, 2014
The Guide to Pre-Trial Jury Selection Discussions with Your Judge
By Thomas M. O’Toole, Ph.D. Jury selection is a critical part of trial. Varying theories of attorneys’ ability to win or lose a case in
Thomas O'Toole, Ph.D.
March 17, 2014
Are Attorneys More Likely to Care About Demographics?
By Thomas M. O’Toole, Ph.D. Who do I want on my jury? Men or women? Are women too emotional for this case? Are African-Americans going
Thomas O'Toole, Ph.D.
February 12, 2014
The Critical Role of Contrast and Difference in Effective Case Presentation and “Storytelling”
By Thomas M. O’Toole, Ph.D. From our earliest days on earth, we learn about contrast, difference, and fit. Whether it’s simple games like “which one
Thomas O'Toole, Ph.D.
January 6, 2014
Voir Dire and Plaintiff’s Attempts to Create Confusion Over the Burden of Proof
By Thomas M. O’Toole, Ph.D. A nearly universal component of building a cause challenge in voir dire is some variation of the speech about how
Thomas O'Toole, Ph.D.
December 17, 2013
Alternatives to Your Alternative Damages Presentation
By Thomas M. O’Toole, Ph.D. “I wouldn’t be doing my job as an attorney unless I addressed this next subject. It’s a tricky subject
Thomas O'Toole, Ph.D.
December 3, 2013
The Illogical Truth About Jury Decision-Making: Jurors Don’t Follow the Law Even When They Follow the Law
By Thomas M. O’Toole, Ph.D. In many respects, success in litigation rests on the understanding and appreciation that the philosophy of the justice system and
Thomas O'Toole, Ph.D.
November 19, 2013
Don’t Fear the Reptilian Reaper: The Part 2 that Should Have Been Part 1
By Thomas M. O’Toole, Ph.D. In my last blog post, I discussed the merits of lobbying the court to preclude a plaintiff from engaging in
Thomas O'Toole, Ph.D.
November 5, 2013
Don’t Fear the Reptilian Reaper
By Thomas M. O’Toole, Ph.D. I recently had the pleasure of witnessing an attorney make a motion to the court to preclude the plaintiff from
Thomas O'Toole, Ph.D.
October 23, 2013
Attorneys’ Analogies Are A Lot Like My In-laws Dancing At Weddings (Or, Your “Metaphor” Is Actually A Simile)
By Thomas M. O’Toole, Ph.D. My aunt-in-law Josephine, a resident of a small town in southern
Thomas O'Toole, Ph.D.
October 12, 2013
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