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Thinking Outside the Box About Those Inside the Box
Theodore Prosise, Ph.D. and Matthew McCusker
King County Bar Bulletin,
May 2010
Ted Prosise, Ph.D. and Matt McCusker discuss the problem with assuming that census data is an accurate predictor of who shows up for jury duty. They specifically explore data from King County and compare it to local census data and discuss the findings.
Download Document:
Thinking_outside_the_box_0510.pdf
Planning for Success: Three Ways to Better Manage Your Cases
Thomas M. O'Toole, Ph.D. and Jill Schmid, Ph.D.
King County Bar Bulletin,
October 2009
Tom O'Toole and Jill Schmid share three ways to better manage cases:
1) Use Your Narrative Framework to Guide Discovery;
2) Prepare Key Witnesses for Depositions, and;
3) Plan Ahead for Jury Selection.
Download Document:
Planning For Success.pdf
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.
Download Document:
The Non Testifying Expert in the Courtroom article.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
Gender Differences in the Courtroom: Understanding and Capitalizaing on Factors that Impact Credibility
Laura Dominic & Jill Schmid, Ph.D.
Sue,
Apr/May 2009
Laura Dominic and Jill Schmid, Ph.D. discuss gender differences in the courtroom by exploring:
--The masculine/feminine communication continuum
--Nature versus nurture: The socialization of boys and girls
--The impact of gender on decision making - stereotypes and shortcut reasoning
--The impact of gender on credibility
--credibility and walking the thin line
--verbal communication
--nonverbal communication
Republished with permission by sue magazine (www.suemagazine.com)
Download Document:
SueMagazineAprMay2009.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
The Secret to Winning Over Jurors Away From Home: Just Be Yourself
Jill D. Schmid, Ph.D. and Chris Dominic
Oregon Association of Defense Counsel,
Spring 2006
Jill Schmid, Ph.D. and Chris Dominic discuss the temptation to over focus on source similarity issues when addressing juries outside of one's home venue. Five specific suggestions are made as an alternative.
Download Document:
Jurors Away From Home OADC 2006.pdf
Us and Them: A comparison of juror attitudes in Oregon and the Northwest
Chris Dominic
Oregon State Bar Bulletin,
December 2003
Chris Dominic compares Oregon juror attitudes with: Northwesterners; Washingtonians; as well as a comparison of urban to rural Oregon juror attitudes. The findings of the articles are reported from the Tsongas Litigation Consulting 2003 Northwest Juror Attitude Survey.
Read Article On-line:
www.osbar.org/publications/bulletin/03dec/jurors.html
What Washington Jurors Really Think
Chris Dominic
Washington State Bar News,
December 2003
Chris Dominic provides a broad overview of the findings of the Washington State elements of the Tsongas 2003 Northwest Juror Attitude Study. The study is the first, large sample size study of juror attitudes in the Northwest.
Read Article On-line:
www.wsba.org/media/publications/barnews/2003/dec-03-dominic.htm
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
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
Researching Jurors on the Internet: What you should know about catlover38 for voir dire
The Advantage: 4.10: V.7, 1st edition
Imagine a world where you could learn a tremendous amount about a juror by simply knowing their name. Beginning around 1000 A.D., this world existed. In an effort to create a less confusing society, people in Europe began tying their occupation and ...
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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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Sex in Court
The Advantage: 12.07: V.4, 3rd edition
Pants or dresses? Navy or gray? Heels or flats? Is this diamond too big? Too small? These questions skirt the issue, so to speak. What’s really being asked is “How can a woman lawyer best represent her client in a context that has been dominated by ...
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A View From the Bench: A series of informal interviews with the men and women who see the most courtroom action: our state and Federal Judges
The Advantage: 9.07: V.4, 2nd edition
A judge’s rulings on motions and objections can provide an immediate reading of the judge’s view of very specific issues. Occasionally, a judge will reveal opinions about the nature of trial or the conduct of counsel-- some of which may not be what you ...
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How Will My Jury Arrive at Damage Figures?
The Advantage: 4.06: V.3, 1st edition
The sheer amount of information that jurors are asked to process in a trial is daunting for even some of the most sophisticated minds. Fortunately, humans seem to be pre-programmed for such tasks in their ability to cognitively store information by ...
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You Have More Important Things to Worry About
The Advantage: 4.06: V.3, 1st edition
A particularly common scenario for trial consultants involves an attorney that is about to present a case in front of a jury vexing over presentational details such as which suit to wear. These questions typically merit a simple response: “You have ...
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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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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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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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Voice of Experience
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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Incorporating Your Themes While Identifying Your Strikes
The Advantage: 1.04: V.1, 1st edition
So you want to “sell your case” in voir dire? Despite many attorneys’ desire to instill their themes during jury selection, Tsongas has long taken the position that lawyers need to minimize the time they spend talking and maximize the time the spend ...
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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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