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Chapter 1 — Understanding and Using Trial Psychology -
I. [1.1] Introduction - [1.2] The Lawyer’s World and the Juror’s World
- [1.3] They Are Jurors, Not a Jury
- [1.4] Two Minds: System 1 and System 2
- [1.5] How People Decide
- [1.6] The Gestalt Nature of Perception
- [1.7] Understanding a Trial
- [1.8] Presentation Skills
- [1.9] Mirroring
- [1.10] Physically Intentional Activities
- [1.11] Tone, Rhythm, and Volume
- [1.12] Demeanor and Credibility
- II. [1.13] Essential Skills
- [1.14] Anchoring
- [1.15] Priming
- [1.16] Framing
- [1.17] Sequencing
- [1.18] Storytelling
- [1.19] Elements of Stories
- [1.20] Rules for Storytelling
- [1.21] Scopes
- [1.22] Point of View
- [1.23] Round and Flat Characters and Their Roles
- [1.24] Morals
- [1.25] Themes
- [1.26] Nature of Telling Law Stories
- [1.27] A Trial Lawyer Is a Storyteller
- III. [1.28] Trial
- [1.29] Voir Dire
- [1.30] Knowing the Purpose
- [1.31] Starting Slow
- [1.32] Beginning with the Jurors’ World
- [1.33] Getting the Jurors Physically and Mentally Involved
- [1.34] Sequencing Voir Dire
- [1.35] Scope of People and Perspectives Every Juror Brings to a Trial
- [1.36] Nonverbal Communication
- [1.37] Active Listening
- [1.38] Confronting the Unexpected and the Expected, But Unwanted
- IV. [1.39] Opening Statement
- [1.40] Making Components of the Opening Statement
- [1.41] Understanding and Using Visual Aids
- [1.42] Getting the Most Out of Words
- [1.43] Embracing Both the Good and the Bad Aspects of the Case
- [1.44] Not Relying on the Facts Alone
- [1.45] It Is Not Over at the Opening
- [1.46] Using Gifts from the Opposition
- V. [1.47] Objections
- VI. Direct Examination
- VII. Cross-Examination and Recross-Examination
- VIII. Closing Argument
- [1.58] Keeping to the Familiar Sequence
- [1.59] Starting Strong
- [1.60] Using Key Visual Aids
- [1.61] Communications Technologies Have Changed Trials and Jurors
- [1.62] Focusing on the Story, not Just the Elements
- [1.63] Rhetorical Questions
- [1.64] Making Arguments Fresh, Not Canned
- [1.65] Looking at the Works of the Masters
- IX. [1.66] Conclusion
- X. Appendix
- 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 Jurors Want
- [2.15] Begin Telling the Client’s Case Story in Voir Dire
- Interacting with Jurors
- [2.16] Speaking with Jurors Individually
- [2.17] Appropriate Posttrial Interview Questions
- III. [2.18] Conclusion
- Chapter 3 — Witness Effectiveness Training
- I. [3.1] Introduction
- II. [3.4] Goals of Witness Effectiveness Training
- [3.5] Initial Overview
- [3.6] Exterior Aspects
- [3.7] Underlying Conflicts
- Education
- [3.8] Witness Expectations
- [3.9] Attorney Expectations
- [3.10] Appearance
- [3.11] Assessment/Identification
- [3.12] Witness Focus Group
- [3.13] Behavior Problems
- [3.14] Emotional Problems
- [3.15] Cognitive Problems
- [3.16] Managing Witness Weaknesses
- [3.17] Problematic Nonverbal Behavior
- [3.18] Strong Emotions
- [3.19] Fear/Anxiety
- [3.20] Evasiveness
- [3.21] Argumentative/Confrontational
- [3.22] Trying To Out-Lawyer the Lawyers
- [3.23] Know-It-All
- [3.24] Insecure/Meek
- [3.25] Overly Helpful
- [3.26] Depositions
- III. Particular Types of Witnesses and Their Special Issues
- IV. [3.31] Conclusion
- Chapter 4 — Jury Voir Dire
- I. [4.1] Purpose and Goals of Voir Dire Examination
- II. Prospective Jurors
- III. Procedural Aspects of Voir Dire Examination
- IV. [5.7] Challenges
- V. [4.12] Scope of Voir Dire Examination
- VI. [4.16] Attorney Communications with Jurors
- VII. [4.17] Alternatives to Live Questioning of Prospective Jurors
- VIII. Acceptance of the Panel
- Chapter 5 — Post-Verdict Interviews
- I. [5.1] Introduction
- II. [5.2] What Post-Verdict Interviews Offer to Counsel
- III. [5.3] Who Should Conduct the Interviews?
- IV. Tips on Conducting the Interviews
- V. Appendix
- [5.13] Suggested Additional Reading
- Sample Post-Verdict Interview Questions
- [5.14] Sample Language To Begin the Interview
- [5.15] General Impression of the Case Questions
- [5.16] Plaintiff and Plaintiff’s Case Questions
- [5.17] Plaintiff’s Attorney Questions
- [5.18] Defendant and Defense Case Questions
- [5.19] Defense Attorney Questions
- [5.20] Additional Damages Questions
- [5.21] Witnesses Questions
- [5.22] Plaintiff’s Witnesses Questions
- [5.23] Defense Witnesses Questions
- [5.24] Exhibits Questions
- [5.25] Missing Evidence Questions
- [5.26] Judge Questions
- [5.27] Wrap-Up Questions
- [5.28] Sample Language To Conclude the Interview
- Chapter 6 — Working with Trial Consultants
- I. [6.1] Introduction
- II. [6.2] Finding Appropriate Trial Consultants
- III. [6.5] Types of Trial Consultants
- IV. [6.11] Functions of Trial Consultants
- [6.12] Designing Trial Themes
- Conducting Pretrial Investigations
- [6.13] Demographics
- [6.14] Community Attitude Surveys
- [6.15] Mock Juries and Focus Groups
- Preparing for Voir Dire
- [6.16] Juror Questionnaires
- [6.17] Voir Dire
- [6.18] Evaluating Group Dynamics During Jury Selection
- [6.19] Preparing Witnesses
- [6.20] Serving as Experts
- V. [6.21] Agreements with Trial Consultants
- Chapter 7 — Ethical Considerations in Jury Trials
- I. [7.1] Introduction
- II. Conducting a Mock Jury Before Trial
- [7.2] In General
- [7.3] Conducting a Mock Jury: Locale and Timing
- [7.4] Supervision of Nonlawyer Assistance in Assembling and Conducting a Mock Jury: Rule of Professional Conduct 5.3
- [7.5] Mock Juries and the Duty To Preserve Confidential Information
- [7.6] Confidentiality of Information Relating to a Party-Opponent
- [7.7] Confidentiality of Information Relating to the Lawyer’s Own Client
- III. [7.8] When a Mock Juror Calls To Disclose the Pretrial Research of Opposing Counsel
- IV. [7.9] Using Social Media in Selecting a Jury
- V. [7.10] Using Pretrial Research To Strike Prospective Jurors
- VI. [7.11] Contacting Jurors During Trial
- VII. Contacting and Interviewing Jurors After Trial
- 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.
- Elizabeth L. Casey
Elizabeth L. Casey
Elizabeth L. Casey is an associate at Franco Moroney Buenik LLC, in Chicago, and concentrates her practice in insurance defense. Ms. Casey is a member of the Illinois State Bar Association and Women’s Bar Association of Illinois. She received her J.D. cum laude from The John Marshall Law School, where she served as a teaching assistant for evidence and a staff editor for the Journal of Information Technology & Privacy, and her B.A. cum laude from Northern Illinois University.
- James A. Doppke, Jr.
James A. Doppke, Jr.
James A. Doppke, Jr., is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where he concentrates his practice on legal ethics and professional responsibility. He is Cochair of the Chicago Bar Association’s Professional Responsibility Committee. Mr. Doppke is also member of the ABA Center for Professional Responsibility, as well as the Illinois State Bar Association’s Standing Committee of Legal Education, Admission, and Competence. Mr. Doppke earned his B.A. from the University of Notre Dame and his J.D. from Loyola University Chicago School of Law.
- Charles Faulkner
Charles Faulkner
Charles Faulkner is Principal at Influential Communications, Inc., in Chicago. Mr. Faulkner is the co-author of NLP: THE NEW TECHNOLOGY OF ACHIEVEMENT and SUCCESS MASTERY as well as the videos NLP in Action and Mastering High Risk Decision Making. He is also the creator of Trimurti, a game that expands strategic thinking and action.
- 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 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.
- Richard L. Miller II
Richard L. Miller II
Richard L. Miller II is a Partner at Miller PC in Chicago, where he concentrates his practice in commercial litigation and class actions. He is an Adjunct Professor at Northwestern School of Law, where he has served as an instructor for Trial Advocacy since 2005 and for Advanced Trial Advocacy since 2013. He was named one of the 40 Illinois Attorneys Under 40 To Watch by the Law Bulletin Publishing Company, publishers of Chicago Lawyer and Chicago Daily Law Bulletin. He has been repeatedly recognized as a Leading Lawyer, Super Lawyer, and Rising Star. Mr. Miller attended the University of Illinois College of Law on a full merit scholarship and graduated cum laude in 1997. He graduated magna cum laude from the University of Illinois College of Business in 1992.
- Sari W. Montgomery
Sari W. Montgomery
Sari W. Montgomery is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where she focuses her practice on legal ethics and professional responsibility. She is a member of the American Bar Association’s Standing Committee on Professional Regulation and serves on the Board of Directors for the Association of Professional Responsibility Lawyers and the Illinois State Bar Association, where she is the Past Chair of the Committee on Professional Conduct. Ms. Montgomery earned her B.A. from the University of Chicago and her J.D. from Loyola University Chicago School of Law.
- 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.
- Mary Robinson
Mary Robinson
Mary Robinson is a Partner at Robinson, Stewart, Montgomery & Doppke, LLC, in Chicago, where she focuses her practice on attorney ethics and professional responsibility. She has served as the Administrator of the ARDC (1992 – 2007) and also served on a number of American Bar Association committees, including the Standing Committee on Ethics & Professional Responsibility, the Standing Committee on Professional Discipline, and the National Conference on Professional Responsibility Planning Committee. She was also Chair of the Technology Committee for the CBA/CBF Task Force on the Sustainable Practice of Law and Innovation (2019 – 2020). She earned her J.D. from the University of Southern California, Gould School of Law.
- 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.
Inside and Outside the Jury Box: Effective Trial Strategies 2019 Edition
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