As a trial lawyer, you’re always looking for an edge in court. Whether it’s a new legal argument or a way to connect with jurors, every little bit helps.https://juryanalyst.com/best-voir-dire-questions/That’s why we’ve put together some clips of some punitive damages cases involving our plaintiffs and trial lawyers. Not to mention my iconic multi-billion car gas tank […]
Big Data doesn’t always mean smart data.
Imagine you are driving home from work. You decide to break from your routine and take a different way home today for a change of scenery. As you are coming up a hill, you face a scary scene that triggers an immediate adrenaline rush. Two vehicles are barreling towards you. A tractor is coming down […]
UPDATE: Current States Trend (updated April 4, 2023) Define Imperative : Arizona was the first state to eliminate peremptory challenges to prospective jury family members. The new law came about after a petition from a group of appellate judges was approved by the Arizona Supreme Court. This groundbreaking law took effect on January 1, 2022, […]
Building a strong client relationship Seasoned trial attorneys often say the key ingredient in a good attorney-client relationship is a sense of mutual cooperation. But how do you establish that kind of relationship? Managing clients’ expectations is essential in building strong client relationships and retaining loyal clients. To establish relationships that benefit both you and […]
Are juror decisions full of “NOISE,” and what can we do about it? In his recent book co-authored with Olivier Sibony, and Cass R. Sunstein, Daniel Kahneman, a famous psychologist, and economist, Emeritus Professor at Princeton University, and Nobel Prize-winning author of the highly influential Thinking, Fast and Slow, describes how Noise – the title […]
Other Ways to Listen Listen on Apple Podcasts Listen on Google Podcasts Listen on Amazon Music Listen on Spotify Social scientists use the term implicit or unconscious bias to refer to stereotypes or attitudes that operate without an individual’s conscious awareness or control. These attitudes or stereotypes can affect a person’s thoughts, actions, and decisions […]
Every law student learns about Batson v. Kentucky, the landmark 1986 U.S. Supreme Court case that held that a prosecutor cannot strike potential jurors based on race in a criminal trial. That principle was later extended to civil litigation, with the Supreme Court saying in Edmondson v. Leesville Concrete Company that racially discriminatory criteria may […]
Like previously discussed in our blog, supplemental juror questionnaires (SJQs) are essential to getting the best possible jury and, in turn, winning your case. With COVID-19 continuing to ravage the United States, SJQs are becoming more widely used and accepted, even in the most conservative jurisdictions. They are being classified as an essential tool to […]
The legal service industry is still on the brink of a ai revolution and we can’t wait to change it with you. Join us, won’t you? The firm launched with the belief that pre-litigation services will be most successful when they are accessible to majority of plaintiff attorneys- without regard for wealth or status. Assuring […]
Human interaction and socializing were completely transformed in the early 2000s when social media platforms began to gain popularity. In 2005, only 5% of the US adult population used social media; 15 years later, that number is now around 80%. (1) Social media has gone from being a commodity to somewhat essential in multiple facets […]
In-Person Vs. Virtual Trials in Times of COVID-19 COVID-19 has completely changed the way we do nearly everything in life. From going to the store to family gatherings, things are different. The effect of COVID-19 is especially salient in the court system. In the United States, our court system provides justice in both criminal and […]
Persuasion is key in court cases and one of the best tools to persuade the jury is an expert witness. Witnesses are brought in for trials as tools to strengthen your claims and overall case through their expert testimony. Experts have advanced knowledge on specific topics and the ability to explain difficult concepts to help […]
Jurors’ Perceptions of the Jury Selection Process and Why It Matters The most experienced attorneys know that jury selection can make or break your case. It does not matter how much you prepare for the trial or how great your evidence may be, you can still lose a case simply because a single juror manipulated […]
Jury diversity has been an often-discussed problem in many legal cases for decades. Before the Civil Rights Movement company in the 1960s, jury service did not exist. Grand Juries were almost entirely composed of white Christian males. Minorities Racial Classification, women, and non-Christians were never given a jury of their peers. Instead, the majority selected […]
The Effect of COVID-19 Over the past several months, the coronavirus has completely shaken the world. The extreme precautions necessary for public safety have created what many news sources are calling a “new normal.” This new normal, which includes the required use of face coverings and fear to maintain a certain distance of proximity to […]
Plaintiff’s Guide to Litigation Funding Cashflow can get tight, especially during the current pandemic. COVID-19 is causing trials to be suspended and creating a rift in the traditional way trial preparation is conducted. This can lead to rushing to settle cases to keep cash flowing. However, this is not the only way to get cash […]
Oral voir dire in federal and state courts have been known to hinder the discovery of important information about potential jurors. In federal courts, voir dire questions are limited to what you can ask, who can ask them, the time allowed for questioning, and the ability of individual juror questioning. This means that an alternative […]
Over the last six months, remote work has become the norm. Many Americans are working from home and doing every aspect of their job from their couch or home office. Even in law, videoconferencing and remote technology have become the new norm in the field. Traditionally, practicing law required a significant amount of face-to-face interaction. […]
COVID-19 and SJQs COVID-19 is a tragedy that has affected our nation in a way no living American has ever seen. It has changed our face-to-face interactions, our feelings of safety, our trust in our government’s safety protocols, and nearly every other aspect of our day-to-day lives. However, through even the toughest of times, the […]
Having the best voir dire questions goes a long way to ensuring higher verdicts. By employing the best voir dire questions, you reward yourself and your client with the most advantageous jury possible. The more advantageous the jury duty is, the better your chances of winning larger awards will be. That’s why sample jury selection […]
Should You Conduct Jury Research During a Pandemic? Yes! Many attorneys are hesitant to continue jury research during the pandemic because they worry jurors’ attitudes currently do not reflect their “normal” attitudes. This is a valid concern as we know some attitudes are more connected to social context than others and will change and often […]
Focus groups are valuable tools in trial law for learning how citizens in a particular venue perceive a civil lawsuit. They provide valuable information on the strengths and weaknesses of arguments presented by the Plaintiff’s and Defendant’s perspectives, perceptions of liability, and range of awards. Traditional focus groups provide qualitative (descriptive) and quantitative (predictive) models […]
Focus groups are a powerful method used in law to get a better understanding of how a sample of the public will view a specific case. Focus groups can provide attorneys with invaluable qualitative data regarding the strengths and weaknesses of both sides’ arguments as well as possible ranges for compensation. The typical law focus […]
Rex prepares every case, for trial using the latest science in persuasion skills. Everything from metaphoric choices, word selection and visuals are tested and re-tested before each trial ahead of the important voir dire questions. Learn the tools and the approach behind the scenes.
Political psychology has offered the theory of agenda-setting to explain how the media influences community sentiment (Iyengar & Kinder, 1985). Research shows that in the political domain, media coverage of particular social issues and social problems have made viewers think the issues are more important than issues that have been neglected by the media. Media […]
Jury selection via psychographics is a new frontier in trial law. JuryAnalyst is kicking off a series of posts on the importance of weighing psychographics with demographics when selecting a jury. Merriam-Webster defines demographics as “the statistical characteristics of human populations (such as age or income) used especially to identify markets.” It defines psychographics as […]
It’s time for our 2020 plaintiff trends to watch according to renowned trial attorney Brian Panish. plaintiff-trends To kick-start the new year and decade, the team at Jury Analyst sat down with Brian Panish, host of our podcast Get in the Game, to answer some listener questions. Brian is one of the country’s leading trial […]
To win higher punitive damages, you will need to underscore the importance of deterrence to your jury. This is the second post from our 2020 Q&A with Brian Panish. In the first post, Coach advises how to develop and retain young attorneys. click here to check it out. To kick-start the new year and decade, the […]
To grow your law firm, you will need to retain young attorneys. To kick-start the new year and decade, the team at Jury Analyst sat down with Brian Panish, host of our podcast Get in the Game, to answer some listener questions. Brian is one of the country’s leading trial attorneys, so we’re grateful for […]
Over the last decade, more than one million Americans have been the victims of gun violence. In 2019 the United States witnessed 372 mass shootings according to the latest statistics from the Gun Violence Archive. That means on average there was one mass shooting per day over the last twelve months in America. If this […]
Revisit the Sandy Hook Shooting with attorney Josh Koskoff and hear how he is taking on the Gun Industry in our educational podcast ‘Get in the Game’ with Brian Panish by Jury Analyst. On November 12, the US Supreme Court allowed a lawsuit against Remington Arms Co., the company that manufactured the weapon used in […]
Brian Panish stands as a beacon in the California legal landscape, renowned for his tenacity and acumen as a trial attorney. His career is marked by a dedication to advocate for plaintiffs in personal injury and wrongful death cases, carving a path for those seeking recompense to find solace in the shadow of adversity. […]
Right About Trump. Right About Brexit. How? In June of 2016, a small social media monitoring company predicted that voters in the United Kingdom would vote to leave the European Union — even though most conventional polls said otherwise. Five months later this same company predicted a Donald Trump victory in the U.S. presidential election, […]
Spotlight on Virtual Focus Groups and Jury Research Focus groups can be extremely helpful in gaining potential juror reactions to an array of aspects of a case. While a small research group cannot ‘predict’ a certain verdict in your case, it will be invaluable in helping determine which values, themes, hot buttons and sensibilities will […]
Big Data Potential for Personal Injury Cases Personal injury lawsuits are often prematurely settled for lower awards than they deserve. The reasons are often monetary: law firms can be limited in pursuing cases due to their inability to commit resources when the outcome is uncertain. Add to this, more uncertainty is created when lawyers must rely […]
For years, big data companies have been collecting and mining public and quasi-public information about most Americans’ consumer, financial, health, political, and personal interests. When used in a scientific process, data mining and predictive modeling can leverage the statistical analysis of known demographic groups to provide reliable predictions about how representative sections of the population […]
The U.S. Department of Justice now encourages the use of risk assessments based on predictive modeling algorithms at all stages of the criminal justice process. Criminal sentencing has long been based on the crime and the defendant’s past criminal record. Judges can now consider a new dimension: the future. Predicting Dangerous Criminals Criminologists have long […]
American Michael Phelps finished in a three-way tie for the silver medal in the 100m butterfly, his last individual race of the Rio Olympic Games. Phelps and two other swimmers were beat to the wall by Joseph Schooling of Singapore, who set a new Olympic record with a time of 50.39. The three silver medalists […]
Discovering the Relevance of AI and Machine Learning We have seen the impact of machine learning, (the aspect of computer science based on pattern recognition and repetition) on technology, law, healthcare and other areas of society. So it should come as no surprise given the surge in big data, which underpins machine language and artificial intelligence (AI), that […]
Busting Old World Myths About Jury Selection Jury selection is the most important part of a trial! If you don’t have a completely fair and impartial jury panel, you may have already lost your case. The purpose of voir dire and the jury selection process is two-fold: To facilitate the identification and removal of any […]
Jury Selection Strategy is Key Trial lawyers all have different ideas as to what wins cases. Some say the key to winning trials is the opening statement, others will tell you it’s the closing argument or the cross-examination of the expert witnesses or the direct examination of your client or cross examination of opposing party. […]
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