Jury Psychology
Juror Engagement Versus Juror Listening
Kathy was dead set on sticking it to our client, the defendant. She knew in her bones that things had happened just the way the
Thomas O'Toole, Ph.D.
July 27, 2021
Jury Psychology
Don’t Let Your Case Strategy Languish Amidst a Changing Jury Pool
Back in May, the New York Times published an outstanding piece about the “blah” feeling that many are experiencing as we transition from the pandemic
Thomas O'Toole, Ph.D.
July 13, 2021
Jury Decision Making
The Importance of Narrowing Your Arguments at Trial
One of the most important components of jury strategy development is also the one that is talked about the least and that is momentum in
Thomas O'Toole, Ph.D.
July 1, 2021
Jury Psychology
“L” is for…Lions! The Peril of Blind Spots in Litigation
As a die-hard Seahawk fan, I have little trouble finding ways to ridicule other teams, but boy did the Detroit Lions make it easy for
Jill Schmid, Ph.D.
June 15, 2021
Jury Decision Making
Making the Damn Feather Weigh More: Reframing Common Burden of Proof Arguments By Plaintiffs
“If you end up saying to yourself, I just don’t know, but it might be, then we’ve met our burden.” While I’ve listened to both
Jill Schmid, Ph.D.
June 1, 2021
Jury Psychology
Persuading with Science in a Post-Fact World
We are living through a particularly difficult time for science. My colleague, Jill, has written in the past about the challenges of persuading juries in
Scott Herndon, M.A.
May 20, 2021
Jury Decision Making
Reptile or Rules of the Road: Why do Some Cases Go Nuclear?
Why do some cases go nuclear while other cases with similar fact patterns or injuries do not? Every jury is different of course, but that
Thomas O'Toole, Ph.D.
May 4, 2021
Witnesses
Calming the Excited Mind of Your Client in Deposition
Surprisingly, the task that is often the most difficult to accomplish with witnesses is getting them to a place where they actually hear the question
Thomas O'Toole, Ph.D.
April 28, 2021
Jury Psychology
Implications of Facebook’s Famous Emotional Manipulation Experiment
In January 2012, Facebook conducted a controversial one-week experiment with approximately 700,000 users in order to determine how the Facebook news feed influenced the emotional
Thomas O'Toole, Ph.D.
March 10, 2021
Current Affairs
Jury Pool Differences with Remote Jury Trials
I was speaking with a prominent plaintiff personal injury attorney in Seattle recently about the remote jury trials that are taking place in King County.
Thomas O'Toole, Ph.D.
February 24, 2021
Jury Decision Making
11 Tips for Persuasive Zoom Presentations
We are almost one year into the COVID-19 pandemic and Zoom (referring to both the specific platform and generically to all videoconferencing) has become the
Thomas O'Toole, Ph.D.
February 3, 2021
Jury Psychology
Strategies for Overcoming Anti-Fact and Anti-Expert Bias at Trial
Lately, we have been doing a lot of reading and writing about emerging “anti-fact” or “anti-expert” views and their impact on trial practice. As we
Jill Schmid, Ph.D.
January 26, 2021
Current Affairs
INTERVIEW: A Judge’s Perspective on Remote Jury Trials
In the fall of 2020, King County Superior Court (Seattle) Judge David Keenan presided over a 15-day Zoom jury trial, making him one of only
Thomas O'Toole, Ph.D.
January 20, 2021
Current Affairs
INTERVIEW: A First-Hand Perspective of Remote Trials
Remote trials represent a new frontier for most attorneys. As courthouses across the country cope with the COVID-19 pandemic, many are offering the option of
Thomas O'Toole, Ph.D.
January 13, 2021
Jury Research
A Close Look at the Logistics of Online Mock Trials
In the early months of the pandemic, most of our clients chose to postpone their mock trials and focus groups to later dates when it
Thomas O'Toole, Ph.D.
January 6, 2021
Current Affairs
Will 2021 Bring Mandatory Remote Trials?
Courts across the country continue to struggle with the logjam that has been created by the pandemic. After months of no trials early in the
Thomas O'Toole, Ph.D.
December 28, 2020
Jury Decision Making
Zoom Glitches and Delays Are a Much Bigger Deal Than You Thought
We have all experienced the glitches and minor delays that come with videoconferencing platforms such as Zoom. No matter how good the internet connection, they
Thomas O'Toole, Ph.D.
December 9, 2020
Jury Psychology
5 Factors for Determining if a Remote Trial is Right for Your Client
With the late Fall surge in COVID-19 around the country, many courts are again having to consider the option of conducting remote trials through a
Thomas O'Toole, Ph.D.
December 2, 2020
Jury Research
Finding Your “North Star” through Early Case Assessments and Research
I never thought when I had Colin Cowherd’s The Herd on as a much needed distraction from all the political news, that there’d be a
Jill Schmid, Ph.D.
November 19, 2020
Current Affairs
Overcoming the Death of Facts at Trial, Part 2
I wanted to begin this column with the observation that the election is finally over, but your perspective on that probably depends on your political
Thomas O'Toole, Ph.D.
November 11, 2020
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