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The Non-Testifying Expert in the Courtroom
Jill Schmid, Ph.D. & Thomas O'Toole, Ph.D.
King County Bar Bulletin,
September 2009
Jill Schmid and Tom O'Toole describe the many attitudes and experiences of jurors on employment cases. The authors discuss implications on the presentation of the case and jury selection.
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The Non Testifying Expert in the Courtroom article.pdf
Anatomy of a Medical Malpractice Verdict
Thomas M. O'Toole, Ph.D., Bruce Boyd, Theodore O. Prosise, Ph.D.
Montana Law Review,
Winter 2009, v. 70, no. 1
Tom O'Toole, Bruce Boyd, and Ted Prosise explore, "Three key theories of juror decision-making and courtroom communication" in their article, "Anatomy of a Medical Malpractice Verdict."
The three theories explored include: A) Audienced-Based Communication; B) The Narrative Model; and C) Elaboration Likelihood Model.
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AnatomyofaMedMalVerdict.pdf
Common Defense Errors
Chris Dominic
Oregon Association of Defense Counsel,
Winter 2006
Chris Dominic highlights some strategic errors that are commonly made and can be avoided. Some of the errors highlighted are:
--Choosing the technical case over the persuasive narrative;
--Using arguments your social group finds persuasive;
--Assuming that your witnesses will be interpreted the way you interpret them.
Download Document:
Common Defense Errors Winter 06.pdf
Strategy, Planning Lead to Success
Theodore O. Prosise, Ph.D.
King County Bar Bulletin,
October 2005
Ted Prosise, Ph.D. discusses methods for getting an advantage in litigation. Specifically they discuss: Using a Courtroom Setting; Increasing Witness Comfort; Developing the Case Story Early; and Working with Consultants.
Download Document:
Strategy 1005.pdf
Insider Tip: Meeting your consulting needs
The Advantage: 12.06: V.3, 3rd edition
As 2006 comes to a close, we reflect on the various work our firm has provided throughout the year. Of particular note is the number of seminars (CLE presentations, seminars for national and regional law organizations, etc.) that our consultants have ...
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Industry Update: Trial consultants practicing more prior to ADR
The Advantage: 8.06: V.3, 2nd edition
On a recent case a lively discussion ended abruptly when a member of the trial team innocently asked, “What is our plan for mediation anyway?” Upturned mouths went straight and the silence became awkward as they realized that for all of their hard work ...
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Indicators of Quality in Pretrial Small Group Research
The Advantage: 12.05: V.2, 3rd edition
All focus group and mock trial research is not created equal. With the growing prevalence of focus groups and mock trials as assessment tools prior to Alternative Dispute Resolution, it is important that attorneys are aware of what the indicators of ...
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Tsongas Expands Seattle Presence: Opens new office and state-of-the-art facility
The Advantage: 8.05: V.2, 2nd edition
The Mock Courtroom/Focus Group facility at Tsongas Litigation Consulting - Seattle is the only one of its kind in the Northwest, and one of the few in the nation specifically designed for conducting mock trials and other pretrial research. Tsongas’ ...
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Practice Tips: "Do I need a focus group or a mock trial"
The Advantage: 4.04: V.1, 2nd edition
The term “focus group” is widely misused to describe any pre-trial jury simulation research. We often have clients asking for focus group research when what they really need is a mock trial. Tsongas, and many practicing trial consultants, make a clear ...
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