First Court Blog

Several months ago, I found this cartoon and saved the image. I’ve come back to the folder where I stored it several times, and I am always struck by this simple visualization of how something that seems so clear to one person becomes “ wrong” to the other person. Both people are convinced that ...

Traveling professionals understand that the transient lifestyle is a double-edged sword. When people ask if you like traveling, there is often a hesitation. On one hand, you are able to TRAVEL, the highly sought-after privilege not many can afford to do whether because of time, money, or ...

In the competitive business landscape, mistakes are inevitable. Whether it's a product flaw, a service error, or a communication mishap, no company is immune to the occasional misstep. However, what truly sets successful businesses apart is not the absence of mistakes but their ability to respond ...

In the complex landscape of civil litigation, the concept of "anchoring damages" has evolved into a pivotal term, resonating deeply within legal circles. While the notion that proposing a specific numerical figure can sway damages is not groundbreaking, a significant number of defense attorneys may ...

Last summer, the Texas Supreme Court reversed a $15 million jury award because “plaintiffs’ counsel at no point in these proceedings has attempted to proffer a rational argument justifying either the amount sought or the amount awarded. At trial, the only arguments provided to justify an amount of ...

Introduction In the intricate landscape of the legal realm, the concept of negligence stands as a fundamental and complex element in determining liability. It plays a crucial role in various civil lawsuits, especially those involving corporate defendants. In recent times, there has been a growing ...

Mock trials are a valuable tool for attorneys to evaluate how a jury may react to their case. With the growth of technology and in response to the global pandemic, online mock trials have become increasingly popular and may be a better fit for your jury research needs than the traditional in-person ...

In the world of litigation, where the battle for justice is fought through words and evidence, the importance of effective communication cannot be overstated. Trial attorneys play a crucial role in persuading judges and juries to see the facts from their perspective. One powerful tool that has ...

The closing statement is a critical moment in any trial. It is the attorney's final opportunity to persuade the jury, leaving a lasting impression and influencing their decision. A well-crafted closing statement can tie together the evidence, highlight key arguments, and deliver a compelling ...

For some, the pronunciation of “voir dire” alone produces great debate. With an etymology rooted in Old French and Latin, “voir dire” is translated as “to speak the truth.” What typically comes to mind when this phrase is thrown about in the legal world is not “truth-speaking,” but rather the ...

In our last blog, the discussion focused on “Slaying the Reptile” or dismantling a plaintiff attorney’s reptile theory arguments. Doing so paves the way for the defense attorney to give the GOOD news about the plaintiff. Once the jurors are not under the tight grip of fear implanted by the reptile ...

In our last article (Every Trial Argument Needs a Theme - Here's Why & How to Create One) the discussion focused on how defense counsel must create a theme to present the case for the best possible outcome. Current trends have shown that juries tend to vilify the corporate defendant, oftentimes ...

Last week, continuing through Robert Tyson’s Nuclear Verdicts: Defending Justice For All, the discussion focused on how to place a value on a life. One of the suggestions, “Get to Know the Decedent,” is useful in developing your theme for the case. Your case theme tells a larger tale; it “goes ...

In our last article, the discussion focused on how defense counsel can confront a pain and suffering number. It can be challenging to navigate personal injury cases where the plaintiff is seeking damages for the loss of a loved one. When it comes to wrongful death cases, defense attorneys must ...

In our last article, we continued through Robert Tyson’s Nuclear Verdicts: Defending Justice For All. The discussion focused on the defense giving a damages number to the jury. It is important to start this week’s discussion noting that while Tyson offers strategies to defeat plaintiff’s pain and ...

In Week Two of our series on Robert Tyson’s Nuclear Verdicts, we delve into the concept of “giving a number” to the jury…by defense counsel. The mere suggestion that civil defense attorneys should offer the jury a damages number always sparks a lively conversation, and defense counsel have strong ...

ALWAYS. ACCEPT. RESPONSIBILITY. “But why accept responsibility if my client didn’t do anything wrong?” is a typical retort. As Robert Tyson, renowned trial lawyer and author of Nuclear Verdicts: Defending Justice For All, explains, accepting responsibility will help “defuse the number one source of ...

How to Avoid A Nuclear Verdict? This is the question fueling defense lawyers’ nightmares, especially when their upcoming trial involves a catastrophically-injured plaintiff. Our last blog article Top 3 Ways Plaintiff Attorneys Ensure Nuclear Verdicts highlights some of the strategies plaintiff’s ...

In 2015, the average verdict in the National Law Journal’s Top 100 Verdicts was a solid $64 million. By 2019, this average had more than tripled to a resounding $214 million.1 Today, nuclear verdicts are more common than ever and are causing defense attorneys to tremble in their boots. Why is this ...

Bismarck, ND A new chapter began for the families of a June 27, 2015, drunk driving incident that took the lives of two young women and dramatically injured another. Four years and four months later a jury awarded the families a combined $1,157,000,000 in compensatory and punitive damages. The ...

Attorney at Law Magazine’s Recommended Mock Trial Company is First Court, Inc., which begs the question: What is a “Mock Trial?”

The first impression that a trial lawyer gives the jurors in the selection process will last throughout the duration of the trial. What impression are you giving to the jurors as you stand to introduce yourself and your client to the venire? Is that impression the most helpful to your client’s ...

We recently conducted a mock trial on a significant case. The jurors were very typical for what we expect to see in a Manhattan jury. After each argument or witness, each juror answered a handful of excellent feedback questions—and all their answers flowed across our monitors, in real time.

You have a case on negligence. You successfully laid the understanding of that definition with your jurors. What now? Are you going to let them meander around the countryside hoping they find your cabin in the woods? I don’t think so. You need to lead them home; you need to establish leadership ...

What is the weirdest fact that you have looked up lately? Perhaps a random Guinness World Record? The world today is exploding with instant information. The ability to do an internet search of anything and come up with millions of results in less than a second is truly amazing. However, jurors are ...

First Court Insights If you have to participate in a mediation and choose a mediator, what would you look for, and why is this important? First, you want a broad understanding and background of the parties' underlying needs and can guide parties to creative solutions without regard for legal ...

Jurors are the cornerstone of the legal system in America. Thousands of jury trials are held every year in which a group of jurors determine the outcome of the case. In an effort to preserve the integrity of the legal system, no one but the actual jurors are allowed in the deliberation room. Thus, ...

Any lawyer or insurance professional who has spent time attempting to settle a case through traditional mediation (both parties working with a mediator at the same facility) has likely been frustrated. It is difficult to find a day and time when all parties can meet. It is inconvenient to spend a ...

As we finally start to emerge from the cloudiness of the Covid-19 pandemic, one thing has become crystal clear; remote work is here to stay. Attorneys and claims handlers are using online mediation as an effective and efficient means for resolving disputes, and will continue to do so on many cases ...

I have the pleasure of talking every day with litigators around the country, and working together to overcome their greatest case handling challenges. Recently, these conversations have revealed a slow, but monumental change in jury behavior in the last couple of years. Some questions I hear ...

Negotiations are all about limiting risk, especially in high-stakes harassment and abuse lawsuits. This dynamic makes First Court's risk-free approach the perfect forum to negotiate settlements in these cases.

Impasse Breaking: Overwhelming Emotion