Guest Contributor: Emily McDonald, PhD Whether giving a deposition or testifying at trial, being a witness is not an easy job. Add nerves, inaccurate expectations and a unique and intimidating environment, and the thought of testifying is enough to ignite a swarm of angry butterflies in the stomach of the most even-tempered and confident CEO. […]
April 19, 2012
Neurolaw: Science Fiction Today, Courtroom Fact Tomorrow?
Did biology or free will cause Charles Whitman, the notorious University of Texas sniper, to kill 16 people in cold blood, including his wife and mother? An autopsy revealed the former Eagle Scout and Marine had a tumor in his amygdala, the center of aggression and fear. Whitman had sensed something was wrong in his […]
April 11, 2012
Allowing Jurors to Ask Questions During Trial: Pros and Cons
The practice of allowing jurors to ask witnesses questions during trial is becoming more common, with at least three states – Arizona, Colorado, and Indiana – requiring it. One of the reasons allowing jurors to ask questions worked so well during the recent CEATS trial in the Eastern District of Texas was Chief Judge Davis’ […]
March 22, 2012
Eastern District of Texas Experiments with Jurors’ Questions During Trial
Texas Lawyer sponsored a panel yesterday in Dallas, entitled Patent Practice: A View from the Bench. To my surprise and delight, Chief Judge Leonard Davis announced he had experimented with allowing jurors to ask questions during his most recent trial, CEATS Inc. v. Continental Airlines, et al. Judge Davis was encouraged by the process, commenting […]
August 2, 2011
You Can’t Judge a Juror by the Recession
Attorneys would be well served to stay attuned to the effect the ongoing economic crisis can have on a juror’s attitudes and predispositions and forge trial strategy in light of it. In the recent Texas Bar Journal article, “You Can’t Judge a Juror by the Recession,” co-authored with Jason Bloom and John G. Browning, we […]
July 17, 2011
The First, Most Important Element of Successful Witness Preparation is Often Overlooked
Do you remember having serious “discussions” – aka arguments – with your parents? Was that a pleasurable or a stressful experience for you? As you answered their questions, did the words flow gracefully off your tongue or did you find yourself blurting out information in a way that later caused regret? Being questioned about your […]
July 12, 2011
Could Social Media Analysis Be the Difference in Winning or Losing Your Next Trial? Strategies to Use Social Media Analysis as a Litigation Tool
The Internet can be an evidentiary goldmine on prospective jurors, opposing parties, opposing counsel, and potential witnesses. Recently trial consultant Amy Singer proclaimed “Social media was the difference between winning and losing” the Casey Anthony trial, legitimizing and raising awareness of the use of social media analysis as a litigation tool. Social media, which began […]
June 30, 2011
3 Great Tips: How Lawyers – or Anyone – Can Best Use the iPad for Professional and Business Development
Great new blog post by Kevin O’Keefe on How lawyers can use an iPad for professional and business development, based on a presentation Attorney Tom Mighell gave at the Texas State Bar Annual Meeting last week. I’ve read a number of posts on this topic and learned three new things: The days are numbered for reading […]
June 29, 2011
Jury Selection by iPad: A Review of iJuror
After reading a couple of reviews about the iJuror app and noting its bargain price of $9.99, I decided to download it to my iPad and take it for a trial run at a recent jury selection. Overall, I was favorably impressed with iJuror’s performance and utility. It exceeded my expectations, especially when compared to […]
June 28, 2011
The Difference between a Good Shadow Jury and a Great Shadow Jury
After facilitating a number of shadow juries over the years, I have developed strong opinions about the differences between a good shadow jury and a great shadow jury. A well-run shadow jury is a powerful litigation tool that gives quality, real-time feedback about each day in court – a clear advantage in complex litigation. Shadow […]
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July 5, 2012
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