Lessons Learned from SJC’s Newest Consultant
By Jill D. Schmid, Ph.D. Let me first say I’m thrilled to be joining my former colleague, Tom, at Sound Jury Consulting. Tom and I
Thomas O'Toole, Ph.D.
June 9, 2015
The Effectiveness of the “Referendum” Strategy for Plaintiffs
By Thomas M. O’Toole, Ph.D. Plaintiffs’ attorneys approach case development and presentation in a multitude of both predictable and unpredictable ways, but none is more
Thomas O'Toole, Ph.D.
May 19, 2015
Who Are The Leaders During Jury Deliberations?
By Thomas M. O’Toole, Ph.D. If you follow my blogs and publications, you know that one of my common phrases is, “a verdict is the
Thomas O'Toole, Ph.D.
April 3, 2015
Reconsidering Your Strategy Development Perspective
By Thomas M. O’Toole, Ph.D. Regardless of the merit of the vast majority of literature out there on jury persuasion, most of it tends to
Thomas O'Toole, Ph.D.
March 5, 2015
Shifting the Perspective of the Case Theory to Present the Strongest Story
By Thomas M. O’Toole, Ph.D. Every successful strategy development session I have conducted with clients culminated in an “a-ha” moment, where we collectively came to
Thomas O'Toole, Ph.D.
January 13, 2015
Thinking About The Dynamic of Deliberations
By Thomas M. O’Toole, Ph.D. Happy New Year to all of the readers out there! I hope 2015 brings everyone the best in their litigation
Thomas O'Toole, Ph.D.
January 2, 2015
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
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