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How to win juries in the age of big verdicts

Sep 5, 2019 2:30:54 PM / by Mike Liffrig posted in Advocacy, Emotion, jury trial, voir dire rehearsal, jury selection, online jury research

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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 frequently that bring this sea change to light:

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How to define “Bad Faith” for Jurors

Jun 3, 2019 3:30:08 PM / by Mike Liffrig posted in Advocacy, Jury Research, Testimony, Emotion, Law, Experts, bad faith

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First Court recently completed jury research projects on a handful of bad faith cases, and developed some insight on how jurors understand and interpret the concept of bad faith. Since this can be a tricky topic for regular people to understand, we’ve shared a few insights on what we learned, and how to effectively communicate the important points to the laypeople in the jury box.

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How Good People Go Ugly When Testifying

Sep 17, 2018 12:04:27 PM / by Joe Liffrig posted in Advocacy, Prep4Dep, Witness, Deposition, Testimony

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I imagine you have been in this situation: Your key witness is a good man. You know he is honest. In all your discussions he is down-to-earth. Likeable. Not a whiff of arrogance.

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Eight Tips for Better Voir Dire

May 30, 2018 3:14:16 PM / by Mike Liffrig posted in Jurors, Voir Dire, Advocacy

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Jurors are the single most important part of a trial. They decide who wins and who loses. While it is easy to focus on the arguments and the presentation of evidence - all of which are important - it is vital to remember who is actually deciding the case. Arguments do not decide cases. Evidence does not decide cases. Jurors decide cases.

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