IT’S NOT WHAT YOU SAY, IT’S HOW YOU SAY IT THAT COUNTS

IT’S NOT WHAT YOU SAY, IT’S HOW YOU SAY IT THAT COUNTS

“If you’re trying to persuade people to do something, or buy something, it seems to me you should use their language.”—David Ogilvy advertising expert The Challenge of Current Attitudes The fundamental factors involved in influencing jurors’ verdicts have remained the same over time. They primarily include: (1) juror’s backgrounds – their occupation, education, socio-economic status etc. (2) juror’s past significant experiences that influence their thinking and (3) jurors strong values, opinions and beliefs. Also constant over time are the importance…

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

The November 2024 King County Bar Bulletin had an article by jury consultants Thomas O’Toole and Kevin Boally dealing with the issue of causation and its importance in obtaining a plaintiff verdict. It was a subject I have written and lectured about to lawyers. Causation is often ignored or under emphasized by plaintiff attorneys. Too often plaintiffs proceed with the frame of mind that if they prove the harmful conduct they will receive a favorable verdict. This is consistent with…

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CONSIDER A TRIAL CHECKLIST

CONSIDER A TRIAL CHECKLIST

Introduction The primary benefit of a checklist is that it guards against the chance of error and promotes standard approaches for steps that need to be taken in doing projects. An additional benefit is a written checklist creates a format for delegating projects to others on the trial team. . Once created is available for future use and improvement. Portions of the projects could be included in a separate checklist for a paralegal or an associate. Once one has a…

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