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Chapter 1 — Psyched for Trial: Understanding Trial Psychology -
I. [1.1] Introduction - II. Telling Stories
- III. A Word About Demeanor
- IV. Voir Dire
- [1.21] A Familiar, Yet Uncomfortable, Place
- [1.22] Know Your Purpose: You Are There To Listen, Learn, and Build Rapport with Jurors
- [1.23] Start Slow
- [1.24] Break the Ice and Explain the Juror’s Role
- [1.25] Get the Jurors Physically and Mentally Involved
- [1.26] The Levels of Experience Each Juror Brings with Him or Her and the Significance of Each
- [1.27] Nonverbal Communication (Including Physical Anchoring)
- [1.28] Use the Whole Courtroom
- [1.29] Active Listening
- [1.30] Confronting the Unexpected and the Expected but Unwanted
- V. [1.31] Opening Statement
- VI. [1.32] Objections — Are You Being Seen as Delivering the Truth or Playing Goalie?
- VII. Direct Examination
- VIII. Direct and Cross-Examination of Your Client
- IX. Cross-Examination and Recross-Examination
- X. [1.42] Closing Argument
- XI. [1.43] Winning and Losing
- XII. [1.44] Conclusion
- Chapter 2 — Selecting Jurors in the 21st Century
- I. [2.1] Introduction
- II. [2.2] Detecting Juror Bias
- [2.3] Finding the Right Juror
- [2.4] Focus Groups
- [2.5] Research Developing Experimentation
- [2.6] Community Attitude Surveys
- [2.7] Developing the Questionnaire
- [2.8] Types of Questions To Include
- [2.9] Collecting the Data
- [2.10] The Interviewers
- [2.11] Analysis of the Data
- [2.12] Persuading the Changing Juror
- [2.13] Using Social Media During Jury Trials
- [2.14] What Do Jurors Want?
- [2.15] Begin Telling the Story That Is Your Client’s Case in Voir Dire
- Interacting with Jurors
- [2.16] When Is It Permissible To Speak to the Jurors Individually?
- [2.17] Appropriate Posttrial Interview Questions
- III. [2.18] Conclusion
- IV. Appendix
- Chapter 3 — Finding, Developing, and Delivering a Case Story’s Theme
- I. [3.1] Decision-Making and the Theme
- II. [3.2] The Theme’s Purpose
- III. [3.3] Central Theme and Central Image
- IV. [3.4] Presuming To Know
- V. [3.5] Decisions as Construction Projects
- VI. [3.11] Themes Emerge from Decision-Maker Story Building
- VII. [3.12] The Story Sequence and the Theme
- VIII. [3.13] Seeding Theme Growth
- IX. [3.14] When and Where To Plant
- Chapter 4 — Witness Effectiveness Training
- I. [4.1] Introduction
- II. [4.4] Goals of Witness Effectiveness Training
- [4.5] Initial Overview
- [4.6] Exterior Aspects
- [4.7] Underlying Conflicts
- Education
- [4.8] Witness Expectations
- [4.9] Attorney Expectations
- [4.10] Appearance
- [4.11] Assessment/Identification
- [4.12] Using a Witness Focus Group
- [4.13] Behavior Problems
- [4.14] Emotional Problems
- [4.15] Cognitive Problems
- [4.16] Managing Witness Weaknesses
- [4.17] Problematic Nonverbal Behavior
- [4.18] Strong Emotions
- [4.19] Fear/Anxiety
- [4.20] Evasiveness
- [4.21] Argumentative/Confrontational
- [4.22] Trying To Out-Lawyer the Lawyers
- [4.23] Know-It-All
- [4.24] Insecure or Meek
- [4.25] Overly Helpful
- [4.26] Depositions
- III. Particular Types of Witnesses and Their Special Issues
- IV. [4.31] Conclusion
- Chapter 5 — Using Demonstrative Evidence Effectively: Using More than Words Alone
- I. Introduction
- II. [5.4] Knowing the Audience
- III. [5.5] Preparation: The Key to Fluid Presentations
- IV. [5.9] Budgeting Myths and Realities
- V. Using Demonstrative Evidence
- VI. [5.13] Presentation Methods and Related Issues
- [5.14] Computers and Presentation Software: Beyond Microsoft’s PowerPoint
- [5.15] Trial Equipment
- [5.16] Personnel
- [5.17] Video
- [5.18] Modeling and Animation
- [5.19] Photographs and Diagrams
- [5.20] Printed Boards and Slides
- [5.21] Notepads, Digital Whiteboards, and Touch-Screen Technology
- [5.22] Physical Evidence
- [5.23] Document Cameras
- Other Presentation Methods
- [5.24] Videoconferencing
- [5.25] Streaming Video
- [5.26] Video Microscope
- [5.27] Holographic Imagery
- [5.28] Equipment Costs
- [5.29] Choice of Method
- VII. Using Documentary Evidence
- VIII. Using Video for Impeachment and Absent Witnesses
- IX. [5.36] Using Physical Evidence
- X. [5.37] Illinois Law
- XI. [5.38] Conclusion
- XII. [5.39] Appendix — Recommended Reading
- Chapter 6 — Jury Voir Dire
- I. [6.1] Introduction
- II. [6.2] Analyzing the Case To Determine the Best and Worst Jurors
- III. [6.7] The Judge and Voir Dire
- IV. [6.8] The Client’s Role in Voir Dire
- V. [6.9] Presentation Aspects of Voir Dire
- VI. [6.13] Voir Dire Strategy
- VII. [6.17] Questioning Potential Jurors
- VIII. [6.20] Discussing the Jury with the Client
- IX. [6.21] Selection Strategies
- Chapter 7 — Post-Verdict Interviews
- I. [7.1] Introduction
- II. [7.2] What Post-Verdict Interviews Offer to Counsel
- III. [7.3] Who Should Conduct the Interviews?
- IV. Tips on Conducting the Interviews
- V. Appendix
- [7.13] Suggested Additional Reading
- Sample Post-Verdict Interview Questions
- [7.14] Sample Language To Kick Off Interview
- [7.15] General Impression of the Case Questions
- [7.16] Plaintiff and Plaintiff’s Case Questions
- [7.17] Plaintiff’s Attorney Questions
- [7.18] Defendant and Defense Case Questions
- [7.19] Defense Attorney Questions
- [7.20] Additional Damages Questions
- [7.21] Witnesses Questions
- [7.22] Plaintiff’s Witnesses Questions
- [7.23] Defense Witnesses Questions
- [7.24] Exhibits Questions
- [7.25] Missing Evidence Questions
- [7.26] Judge Questions
- [7.27] Wrap-Up Questions
- [7.28] Sample Language To Conclude the Interview
- Chapter 8 — Working with Trial Consultants
- I. [8.1] Introduction
- II. [8.2] Finding Appropriate Trial Consultants
- III. [8.5] Types of Trial Consultants
- IV. [8.11] Agreements with Trial Consultants
- V. Functions of Trial Consultants
- [8.15] Designing Trial Themes
- Conducting Pretrial Investigations
- [8.16] Demographics
- [8.17] Community Attitude Surveys
- [8.18] Mock Juries and Focus Groups
- Preparing for Voir Dire
- [8.19] Questionnaires
- [8.20] Voir Dire Itself
- [8.21] Evaluating Group Dynamics During Jury Selection
- [8.22] Preparing Witnesses
- [8.23] Serving as Experts
- Chapter 9 — Ethical Considerations in Selecting a Jury
- I. [9.1] Introduction
- II. [9.2] Are There Any Ethical Restrictions on Conducting a Mock Jury in the Locale Where the Actual Trial Will Occur?
- III. [9.3] Is It Ethical or Fair To Conduct a Mock Jury if the Opposing Side Cannot Afford To Do So?
- IV. [9.4] Are There Any Ethical Restrictions To Revealing Confidential Information in the Course of a Mock Jury Exercise?
- V. [9.5] What Are the Ethical Obligations of Counsel When a Rogue Mock Juror Calls Opposing Counsel To Disclose the Pretrial Research of the Other Side?
- VI. [9.6] What Are the Ethical Obligations Regarding Using Social Media in Selecting a Jury?
- VII. [9.7] How Far Can You Go in Using Pretrial Research To Strike Prospective Jurors?
- Cindy K. Andrews
Cindy K. Andrews
Cindy K. Andrews is the President and Chief Trial Consultant at Firehorse Trial Consulting, LLC, in Westmont, and specializes in mock jury research and trial consulting. Dr. Andrews is a member of the American Society of Trial Consultants and has appeared on CNN’s “Paula Zahn Now,” Fox News Chicago, and WGN. Dr. Andrews graduated summa cum laude from Arizona State University with a B.A., summa cum laude from Pepperdine University with an M.A., and magna cum laude from The Chicago Medical School with an M.S. and a Ph.D. and was honored with the Scientist-Practitioner Award.
- Michael Carter
Michael Carter
Michael Carter is a Partner at Horwitz, Horwitz & Associates, in Chicago. Mr. Carter is a Member of the Illinois and National Trial Lawyers Associations, the Attorneys Information Exchange Group, the Association of Interstate Trucking Lawyers of America, and the American Association for Justice. He received the William J. Harte Amicus Volunteer Award from the Illinois Trial Lawyers Association and has been named a Leading Lawyer as well as a top-100 trial lawyer by the National Trial Lawyers Association. He received his J.D. from Chicago-Kent College of Law and his B.S. from Southern Illinois University.
- Ted A. Donner
Ted A. Donner
No bio available.
- John Eamigh
John Eamigh
No bio available.
- Diana T. Karge
Diana T. Karge
No bio available.
- Stewart W. Karge
Stewart W. Karge
No bio available.
- Jeffrey J. Kroll
Jeffrey J. Kroll
Jeffrey J. Kroll is a Senior Trial Attorney at Kaveny + Kroll, LLC, in Chicago, where he concentrates his practice in personal injury and wrongful death. Mr. Kroll has also been named to the Illinois Super Lawyers list since 2005. Additionally, Mr. Kroll has been named one of the Top 100 Trial Lawyers in Illinois by the American Association for Justice (formerly ATLA) for ten consecutive years. He is on the Dean’s Council at DePaul University College of Law (2018 – present). He received his B.A. from DePaul University and his J.D. from DePaul University College of Law.
- Lyndsay A. Markley
Lyndsay A. Markley
Lyndsay A. Markley is a Partner at The Law Office of Lyndsay A. Markley, Ltd., in Chicago, and concentrates her practice in personal injury and wrongful death. Ms. Markley is a Member of the Women’s Bar Association of Illinois, the Trial Lawyers Association, and the Illinois State Bar Association. She received her B.A. with departmental honors from Ohio University and her J.D. from Chicago-Kent College of Law.
- Patricia J. McEvoy
Patricia J. McEvoy
No bio available.
- Scott A. Morgan
Scott A. Morgan
Scott A. Morgan of Morgan Law Firm, Ltd., practices civil litigation in Chicago. Mr. Morgan is a member of the Chicago Bar Association, the Illinois Trial Lawyers Association, and the American Association for Justice. A graduate of the University of Illinois, he received his J.D. from The John Marshall Law School.
- Eric Oliver
Eric Oliver
No bio available.
- David Starshak
David Starshak
David Starshak is an associate with Horwitz, Horwitz & Associates, in Chicago and is a certified mediator through the Center for Conflict Resolution. Mr. Starshak is a member of the Illinois Trial Lawyers Association and the American Association of Justice. He received his B.S. from Kansas State University, where he was a member of the school’s first national-qualifying Trial Team and the head of the university’s judicial system. He received his J.D. cum laude from the IIT Chicago-Kent College of Law, where he was on the Moot Court Honor Society, a Notes and Comments Editor on the Chicago-Kent Law Review, a staff editor for the school’s Seventh Circuit Review, and a research assistant for the Oyez Project.
- Airan Wright
Airan Wright
No bio available.
Inside and Outside The Jury Box: Effective Trial Strategies (ARCHIVED 2014 EDITION)
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