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Seeing the Forest Through the Trees: Closing Argument and Jury Instructions
Thomas M. O'Toole, Ph.D. and Jill Schmid, Ph.D.
DeNovo,
August 2010
Tom O. Toole and Jill Schmid provide a list of 10 tips to help the litigation attorney set and execute their strategy.
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denovo0810.pdf
Juror Attitudes in Medical Malpractice Litigation
Thomas M. O'Toole and Bruce Boyd
King County Bar Bulletin,
June 2009
Tom O'Toole, Ph.D. and Bruce Boyd explore some of the most prevalent juror attitude variables in medical malpractice litigation.
Read Article On-line:
www.kcba.org/newsevents/barbulletin/archive/2009/09-06/article5.aspx
Telling Your Client's Story in Eleven Sentences Leads to Better Trials
Thomas M. O'Toole, Ph.D. and Jill D. Schmid, Ph.D.
DeNovo,
February 2009
Tom O'Toole, Ph.D and Jill Schmid, Ph.D. address the importance and power of keeping even the most complicated cases as simple and clear as possible by prescribing eleven steps. The article can be found on pages 5-7.
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denovo0209.pdf
A Narrative Framework for Patent Litigation
Thomas M. O'Toole, Ph.D.
King County Bar Bulletin,
January 2009
Tom O'Toole, Ph.D. explores the themes and deep frames that make a difference in the story of a patent case. In this article Tom looks at: the american dream, the invention story, the marketplace, differences over similarities, the Patent and Trademark office (PTO), the first one ot the patent office wins, David vs. Goliath, and "Business is Business."
Download Document:
NarrativeFrameworkPatent0109.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.
Download Document:
AnatomyofaMedMalVerdict.pdf
What No One Teaches Lawyers About Communication
Thomas M. O'Toole, Ph.D. and Jill D. Schmid, Ph.D.
DeNovo,
December 2008
Tom O'Toole, Ph.D. and Jill Schmid, Ph.D. explore some of the fundamentals of communication and advocacy that are essential to litigation but not significantly covered in most law schools.
Download Document:
denovo1208.pdf
Article Commentary on "Using the Science of Persuasion in the Courtroom"
Chris Dominic
The Jury Expert,
September 2008
Chris Dominic provides commentary on Burkley and Anderson's article that takes empirical research on persuasion and applies it to the courtroom setting in the September 2008 edition of "The Jury Expert."
Download Document:
Burkley Sept 2008 TJE1.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
Managing the Message: Visual Case Presentation
Theodore O. Prosise, Ph.D.
King County Bar Bulletin,
November 2004
Ted Prosise, Ph.D. suggests how to make case presentations more persuasive and interesting wtih effective visual advocacy for both alternative dispute resolution and trial.
Download Document:
Visual Case Presentation 1104.pdf
The Powerful and Mysterious American Jury: Common Misunderstandings by Attorneys, Judges and the Public
Arthur D. Monson, Ph.D.
Washington State Bar News,
August 2002
Art Monson, Ph.D. sums up many of the common misunderstandings of juries that many have. The article was created from the combined 45 years of experience of the authors.
Read Article On-line:
www.wsba.org/media/publications/barnews/archives/2002/aug-02-powerful.htm
Juror Dynamics: The Pressure to Conform
The Advantage: 4.09: V.6, 1st edition
Jury Dynamics: The pressures to conform
“I have regrets that I caved in.” “I didn’t have anything sufficient to use as an argument against it, and once you have ten people arguing against you it’s pretty difficult to get anywhere.”
Wh ...
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A View From the Jury Box: Jurors From a Recent Trial Share Their Observations
The Advantage: 12.08: V.5, 3rd edition
We recently had the opportunity to talk with a group of jurors who served on a multi-week trial in a State court case. Six of the twelve jurors met with us to discuss their overall reactions to the trial process. Their observations about the evidence, ...
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Conquering the Invasion of the Bullet Points
The Advantage: 8.08: V.5, 2nd Edition
You’ve all been there – a boardroom presentation, lunchtime CLE, keynote speech at an awards banquet. The lights go dim, the screen comes down, and here it comes – the predictable march of the bullet points. You hope for just one slide with visual interest ...
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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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Fundamentals of Opening Statement Preparation: Speech 101
The Advantage: 8.06: V.3, 2nd edition
Whatever else your opening statement might be, it is fundamentally “just a speech.” This is in no way meant to minimize the importance of an opening or make light of the pressure or anxiety felt when faced with the daunting task of writing one. It ...
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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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A View From the Bench: Interview with the Honorable R.E. Jones, Senior Judge of the US District Court of Oregon
The Advantage: 3.05: V.2, 1st edition
Rulings on motions and objections provide an immediate reading of the judge’s view of very specific issues. Occasionally, a judge will reveal observations about the nature of trial or the conduct of counsel – some of those may not be what you wanted ...
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Graphics Update: Frequently asked questions about graphics
The Advantage: 12.04: V.1, 3rd edition
1. Aren’t graphics expensive?
Good visuals can be used in every phase of litigation: to help illustrate your arguments brief or motions, to clarify your case strengths for the mediator, and/or to send a message to the opposition that you are ser ...
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