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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
Ten Key Questions: Evaluating the Quality of Mock Trial Research
Theodore O. Prosise, Ph.D.
For the Defense - DRI,
August 2007
Ted Prosise, Ph.D. presents a systematic method for assessing mock trial research to build confidence in the results and serve the client.
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FTD-0708-ProsiseNew.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.
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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
Dealing with Damages
Chris Dominic
King County Bar Bulletin,
October 2003
Chris Dominic provides an overview of many of the factors involved in damages and juror decision making. The article briefly discusses the variables of: case characteristics, venue, motivation, individual juror attitudes, group dynamics, characteristics of the decision makers, and jury instructions.
Download Document:
Dealing With Damages 1003.pdf
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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Jurors' Common Wisdom: "I don't know...I'm just the CEO"
The Advantage: 5.07: V.4, 1st edition
In our last “Common Wisdom” column, we told you that many jurors assume that plaintiffs’ attorneys take a third of the money awarded and often adjust the award accordingly. Another issue jurors insist they know as well as fee arrangements relates to ...
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Jurors' Common Wisdom: "Attorneys take a third"
The Advantage: 12.06: V.3, 3rd edition
As much as we’d like to think that jurors adhere to the Court’s instructions not to consider attorneys’ fees when discussing damages, jurors invariably do. Our firm has conducted over 400 mock trials (approximately 1200 mock jury panels), and with very ...
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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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Debunking a Common Myth: Jurors DO NOT make up their minds after opening
The Advantage: 12.04: V.1, 3rd edition
A common myth among the legal community is that jurors make up their minds about a case at the end of opening statements. The origin of this myth can be traced largely to a misreading of the 1966 University of Chicago jury study by Kalven and Zeisel, ...
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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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The Case Story and Juror Reasoning
The Advantage: 4.04: V.1, 2nd edition
In a recent mock trial, learning jurors found two emails more persuasive than a statistically significant academic study surprised our clients. Both the emails and the study suggested the same thing. One might think scientifically based evidence would ...
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Industry News: Runaway Jury as a sign of the times
The Advantage: 1.04: V.1, 1st edition
There are a few arguments over when the field of “jury consulting” began. Most agree that the field as we know it began in the early 1970s when social scientists worked assisted attorneys in the Harrisburg Seven trial. Since then we have seen incremental ...
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