Monthly Archives: March 2024

Workdays are one of the consultant’s best-kept secrets…

They are one of the best, most efficient, most cost-savvy ways to use a consultant.

They’re really not a secret, but rather far under-appreciated and under-utilized.

During a workday, you have full access to the consultant, which means you can accomplish several objectives simultaneously.

For example, you can work up more minor cases, run them through the consultant back-to-back, and receive framing help on several cases that share in the cost. Consulting help doesn’t have to be all-or-nothing, and work days are one of several fantastic ways to get help on smaller cases without breaking the budget.

You can combine case framing with work on opening statements, voir dire, or even call in a witness to do some witness preparation.

If done in person, you can work on personal skills, such as voir dire coaching, do in-person witness prep, work together on opening PowerPoints, and run through cases.

If you would like to set up a workday, contact me at jessica@trialdynamics.net or call 303-653-2233

Did you know that I answer smaller scale questions without a fee?

Why would I give away time for free? Perhaps I’m crazy, though I don’t think that’s the case.

For one, it pays down the road so it’s not entirely selfless. Some of those donated minutes turn into business. Others don’t and that’s okay.

Second, it allows me to genuinely offer help and make cases stronger, especially on smaller cases where professional help isn’t affordable.

Third, sometimes a little direction provides a big boost but isn’t worth the billing headache.

Fourth, it opens the door for many into the world of jury consulting which, in the end, helps everyone.

Do you need help? Try me. I may just do it for free.

Discount code $200 off for TLU Huntington Beach June 5-9: 200TRIALDYNAMICS www.tlubeach.com

Do you think your angering facts will overcome causation issues? Think again.

Let me be clear. I am not talking about disputed causation, as is present in most cases. I am talking about a pure lack of causation.

Sometimes, I get cases where the causal link is very attenuated and weak, yet the case has other anger-inducing facts. The attorneys seem to gloss over the causation issues, assuming that the negligence itself, combined with the defendant’s conduct or behavior, will prevail and result in a verdict.

While this can happen in some instances where jurors are so blinded by their anger that they create the outcome they want, it’s a mistake to assume you have a strong case simply because you have good facts. Anger-inducing facts certainly help bolster a case and can overcome other bad facts (and disputed causation), but they may or may not overcome a lack of causation.

Jurors are generally pretty good at dissecting the elements of a case. If causation is too weak, they will often find negligence but still return a defense verdict based on causation.

The best way to determine whether your causation argument is too weak is to test the case. If you need a copy of my free guide on conducting your own focus groups when you can’t afford a professional, let me know.

We can also help with case analysis. A couple of hours spent with a jury consultant can be beneficial in pointing you in the right direction.

Contact me if you would like to discuss assistance with a case.

**If you would like to attend TLU Huntington Beach June 5-9, you may use my discount code for $200 off: 200TRIALDYNAMICS

Let’s talk about anchoring.

Everyone knows the importance of anchoring a damages ask, but did you know that anchors are non-specific?

For example, you only need to mention large numbers, whether dollars or anything else, to anchor a higher dollar figure. You can talk about the number of medical errors per year, the number of brain cells, or the number of reported crimes – you get the point. Any large number will anchor.

So, what does that mean in practice?

For one, you can still anchor your damages request even in states where you cannot ask for a certain number. You can do this by mentioning large numbers throughout the trial. Get witnesses to testify about large figures relevant to the case or their practice field. Use statistics in closing.

Second, you can (and should) anchor throughout the trial. Often, attorneys will anchor in voir dire, opening, and then in closing, but there are often days or weeks of trial testimony in between. Instead, work on anchoring through experts. The hospitalist can testify to how many patients come through that chain’s doors yearly. In a brain injury case, the doctor or neuropsychologist can testify about how many brain cells there are in the human brain. The trucking expert can testify to how many trucks are on the road across the country any given day, how many miles are driven per year, or how many minutes drivers spend behind the wheel. Find anchors that fit and trickle them in throughout the trial.

One caveat: Whenever possible, your anchor should be higher than the damages you seek (but not so high that they seem like an outrageous anchor). If you have several anchors throughout the trial, you can have one or two that are lower and still properly anchor, but the rule of thumb is to have them be higher than your ask.

If you need help with case framing and finding anchors, reach out.

**I will be teaching and sponsoring at Trial Lawyers University in Huntington Beach June 5-9. If you would like to attend, you may use my discount code 200TRIALDYNAMICS for $200 off registration: www.tlubeach.com