Defense Strategy Posts

  • Improving Litigation Team Decision Making

    “I pissed off one of my team members,” our client said (we’ll call her Claire). She and I were working on a case that was sizeable and required a substantial team. She pulled me aside for advice and to blow …

  • This Is Your Brain On Narrative...

    A stock bit of advice that is frequently used by trial consultants is that you have to “tell a story” to be successful in trial.  The mere “stacking of facts” is not enough to successfully persuade a jury to accept …

  • How Defendants Can Combat the 'Reptile Strategy' (And Its Ilk)

    This article by Tsongas Consultant Theodore O. Prosise, Ph.D. and Peter Ehrlichman, Esq. originally appeared on the Inside Counsel website on October 9, 2015. You can access the original here. Additionally, if your firm is interested, Tsongas conducts seminars and CLEs on this and …

  • The Challenge of Alternative Damage Figures

    I didn’t believe it until I saw it myself. It was the 1990s, and I was learning how to apply my graduate school knowledge to the field of trial consulting. I was doing this the way many do, facilitating focus …

  • Re-Framing Richard Sherman

    Even if you’re not a football, Seahawk, or Super Bowl fan (and if you’re not, we’re still accepting new12th fans!) you couldn’t possibly have missed the brouhaha created by Richard Sherman’s interview with Erin Andrews following the Seahawks’ win over …

  • Confronting the “Reptile” Strategy with a Classical Human Perspective

    In the 1960s, neuroscientist Paul MacLean posited a model of the human brain consisting of three parts: the reptilian, the paleo-mammalian, and the neo-mammalian.  The “r-complex,” or the reptilian element, which includes the brain stem and the cerebellum, is the oldest part …

  • How the University of Miami “Kept the Damages Low”

     The University of Miami, after a long and possibly bumbled investigation by the NCAA, was hit with penalties this week due to a variety of violations, including “lack of institutional control.” Speculation about the ramifications of Miami’s actions had many …

  • The Dilemma of Defense in Civil Jury Trials

    The dilemma for civil defendants is simple.  Although the plaintiff has the burden of proof, the plaintiff frames the issues of the case first. They establish the initial narrative structure they want the jurors to adopt.  Second, the plaintiffs, in …

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