Articles

Values and Principles Drive Verdicts as Much as Evidence or the Law

Posted on 12/17/12
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King County Bar Bulletin, December 2012

Most jurors enter a trial with very little expertise on the particular topic at issue. They are unfamiliar with legal concepts like “burden of proof” or “standard of care,” or “proximate cause.” However, all jurors have a sense of what is important to them – the things they value.

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Law and Litigation: Shadow juries increasingly guide complex cases

Posted on 12/14/12
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Puget Sound Business Journal , December 2012

Trial lawyers live in a complex world of case law, complicated case histories and fact patterns, and often are involved in the technical elements of a case for years. A jury does not live in the same world.

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Review of “Narrative Persuasion in Legal Settings: What’s the Story”

Posted on 07/20/11
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The Jury Expert, May 2011

Glenn Kuper reviews the article on Narrative Persuasion in Legal  Settings by applying his own knowlege in the field of communication. He  provides commentary and suggestions for the authors.

Read Article On-line:www.thejuryexpert.com/2011/05/narrative-persuasion/

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A Case for the Expanded Use of Supplemental Juror Questionnaires

Posted on 07/20/11
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Washington State Bar Litigation News, Winter 2010-2011

Ted Prosise argues for the expanded use of supplemental juror questionnaires in civil cases. He explores, what fits as an appropriate case and what it means to be considered “fair and impartial.” Before concluding, Prosise presents germane research as support.

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Controlling the Narrative: Early Case Assessment and the Myth of the ‘Not Winnable’ Case

Posted on 07/20/11
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Corporate Counsel, December 2010

Ted Prosise, Ph.D. writes of the problem of corporate counsel settling cases they don’t want to because of late, poor assesments. Along with co-author, Portia Moore, Prosise argues that the solution is in a Early Case Assessment or ECA in the first 90-120 days.

Read Article On-line:
www.law.com/jsp/cc/PubArticleCC.jsp?id=1202475561762&Controlling_

Effective Opening Statements and Closing Arguments

Posted on 07/20/11
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King County Bar Bulletin, December 2010

Tom O’Toole Ph.D. and Jill Schmid Ph.D. discuss ten tips on how to effectively deliver opening statements and closing arguments.

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Snips and Snails and Puppy Dog Tails: Does What We’re Made of Make a Difference in the Courtroom?

Posted on 07/20/11
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The Jury Expert, September 2010

Senior Consultant, Laura Dominic describes the role male and female speaking styles have with audiences.

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Seeing the Forest Through the Trees: Closing Argument and Jury Instructions

Posted on 07/20/11
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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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Thinking Outside the Box About Those Inside the Box

Posted on 07/20/11
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King County Bar Bulletin, May 2010

Ted Prosise, Ph.D. discusses 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.

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Shadow Juries: A Unique Advantage in Civil Trials

Posted on 07/20/11
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Verdict (ABA Trial Practice), Fall 2009

Ted Prosise, Ph.D. discusses the benefits, typical concerns, and methodology of shadow juries.

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