Christopher J. Dominic's Posts

  • Tsongas Receives 2017 National Law Journal Top Honor for Jury Consulting

    Please forgive the brief moment of self promotion. We were honored to learn that Tsongas Litigation Consulting was recently recognized by the National Law Journal for National Top Honor for Jury Consulting in 2017. We would like to thank our …

  • Don't Be a Corporate Mouthpiece in Your Opening Statement

    One part of our case strategy sessions involves creating an outline of the case narrative. We call this the Case Story, and it typically entails outlining topics that serve as the segments of your overall case presentation. When working with …

  • Two Communication Lessons from the First Presidential Debate 2016

    The 2016 election year is the most partisan in recent history. It seems that many voters are so entrenched that some have wondered if one of the most classic forums of democracy, the political debate, might be rendered moot. After …

  • Ahead of the Curve: Three Positive Choices Attorneys Can Make to Improve Outcomes

    I was listening to an episode of This American Life entitled “Choosing Wrong.” The theme of the show explored the repeated poor choices many of us make when a better choice is available. The podcast featured Alain de Botton describing …

  • Does it work or not? Communication Style versus Effectiveness

    Lately, I’ve had the opportunity to watch segments of both the Republican and Democratic presidential debates with friends. Regardless of which debate I’m watching, someone always comments on the candidates interrupting each other. Once, out of curiosity, I asked, “What …

  • A Picture’s Worth - Using Graphics in Trial

    The phrase, “a picture is worth a thousand words” has never been more appropriate than when applied to the use of graphics during trial. Jurors not only understand messages more thoroughly when attorneys use a combination of spoken words and …

  • New Research on Recording Video Depositions Answers Old Questions

    Over the years we have heard and had many strong opinions on what approach deponents should take when being video recorded, which was not much of a concern just a few decades ago. However, as deposition transcripts have been increasingly …

  • Overcoming Appeals to Nature and Distrust of Science

    I was having lunch on a beautiful spring day with a very smart attorney friend of mine recently. He had a big civil trial coming up that involved having to persuade a jury on some relatively complicated scientific evidence. The …

  • The False Dichotomy in Complex Litigation

    Mike ran his fingers through his thinning grey hair. “I have to explain the patent and the claims in opening, or the jury won’t know what our case is about.” “That won’t work,” said Eileen, Mike’s co-counsel, as she shook …

  • 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 …

  • To Bifurcate or Not to Bifurcate? — that is the question.

    In my experience as a trial consultant, I’ve found that many attorneys have strong opinions on bifurcation — separating liability from damages. The most opinionated litigators on this subject have had their thoughts colored by personal experience; which while valid, …

  • No, They Don't Have to Understand

    It’s only natural to believe that a concept must first be understood before it can be persuasive. A common mistake in the field of litigation is thinking that the trier of fact has to understand “our technology” to find for …

  • The Power of Attitudes – Part 2: Racism

    Racism is dwindling in the US. Things haven’t changed that much. These are two themes that frame what can be heard from family, friends, and the media depending on what your life experiences have been like, or what sort of …

  • The Power of Attitudes

    The other day a client and I were discussing the power of attitudes and their impact in jury selection. We were on the point of discussing how attitudes tend to change slowly over time and how those attitudes can often …

  • The “Free” Shadow Jury

    I just finished reading “How About a Free Shadow Jury?: Inside the Juror’s Mind” in the ABA’s Litigation News section. The headline was undeniably compelling. As a member of a consulting firm that offers shadow juries as a service, I was curious how anyone …

  • Stories Are More Powerful Than Data

    September 4th, 2012 I recently came upon a phrase in an article by Maggie Koerth-Baker in the New York Times entitled The Mind of a Flip-Flopper that was a refreshingly succinct way to say something I say (not quite as …

  • Presume That Some Jurors Will Use Their Smartphones Improperly

    April 30th, 2012 One of the common questions in litigation when preparing for trial concerns what will come “in” to evidence and what will be excluded. During this process, one of the big questions that needs to be answered is, …

  • Competitive Advantage: Five tips on the effective use of trial consultants

    Oregon State Bar Bulletin, October 2002 The question put to Bruce Boyd and Chris Dominic was, “How does an attorney work best with a trial consultant?” They answer in this article with five tips on how to get the most …

  • Dealing with Damages

    King County Bar Association Bulletin, October 2003 Chris Dominic and R. Craig Smith provide 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 …

  • The Secret to Winning Over Jurors Away From Home: Just Be Yourself

    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. Read …

  • Common Defense Errors

    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 …

  • Persuasion Starts with Strategy

    Verdict: The Journal of the ABA Trial Practice Committee, Vol. 23, No. 1, Winter 2009 Chris Dominic and Bruce Boyd discuss the problem of “doing a good job of executing the wrong strategy.” The authors encourage trial attorneys to ask …

  • Article Commentary on, "How Jury Service Makes Us Into Better Citizens"

    The Jury Expert, May 2009 When Perry Dees and John Gastil concluded in “How Jury Service Makes Us Into Better Citizens,” “The jury may serve a more powerful role in promoting democracy and citizenship than any voluntary association.” I found …

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