Glenn Kuper Ph.D.'s Posts

One of the most difficult challenges in preparing a witness for trial or deposition testimony is helping them understand the unique setting that is witness testimony. It is unlike almost any other communication event. The question-and-answer format provides a certain …

One of the most interesting components of facilitating a mock trial is seeing how jurors actually reason during deliberations. Most jurors have no training in formal logic or argumentation or in the fields in which the trial evidence is being …

Under the best of conditions, preparing a non-expert witness to testify at trial is a critical component of an attorney’s preparation efforts. It is a challenging situation for someone with little or no experience in the legal system to take …

I remember when I made the transition from student to teacher how excited I was to have the opportunity to instruct students the way I thought they really wanted to be taught – by presenting interesting lectures from which they …

Even though I spend a significant amount of time in a courtroom for my job as a trial consultant, it is rare that I have the opportunity to be on the other side of the equation and serve as a …

Kellyanne Conway has introduced the concept of “alternative facts” into the political discourse with her defense of President Trump’s Press Secretary Sean Spicer’s assertions about crowd size at the presidential inauguration. Of course, this isn’t the first time this concept …

With each passing year, more and more millennials begin to both be eligible for jury service and choose to show up for their day or days in court. As this cohort starts to make their presence felt in jury trials, …

With the recent evolution of social media, it is easier than ever to stay in touch with friends and family with whom we might have stopped interacting in the past. There are, of course, some pluses and minuses to this. …

It’s a fairly well-known statistic that public speaking ranks as the #1 most common fear among Americans, finishing just above heights, bugs, and snakes.  Thus, it’s not surprising that many witnesses are fearful of giving testimony in a deposition or …

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 …

If you have spent any amount of time on social media sites like Facebook, you have inevitably seen headlines similar to that of this blog. Other favorites include: “Your Jaw Will Drop at What Happened Next!” and “Tears Will Roll …

On the frequent business flights I take around the country, I often strike up a conversation with the person seated next to me on the airplane. I try not to be “that guy” who bugs someone who clearly wants to …

Fans of the National Football League are undoubtedly familiar with “Beast Mode,” the nickname given to Marshawn Lynch to describe his uncompromising running style where he plows through multiple tacklers as if they were small children.  The most famous “Beast Mode” run …

There are times when I’m working with clients when I’ll suggest a colorful metaphor as a way of communicating an idea about the case.  Sometimes these suggestions are well-received, and other times an attorney might be reluctant to implement the …

I recently came across a couple of quotations that illustrate a problem we often see when watching jurors deliberate in mock trials (and presumably, in real trials): “The best lack all conviction, while the worst are full of passionate intensity.” …

A common strategy I always taught my students when teaching public speaking, and that has now carried over into my work preparing attorneys and witnesses for trial, is the importance of maintaining eye contact with your audience.  The textbooks I used all emphasized …

While Western Washington isn’t known as a prime location for Intellectual property suits, some of the publicity around the recent Microsoft v. Motorola case might change that perception.  Judge Robart commented on the high level of education in the jury …

Recently the highest court in Washington seems to have set their sights on the issue of peremptory strikes in the jury selection process.  The article, “Wash. justices decry race bias in jury selection,” discusses an argument made recently by state …

I just completed my second shadow jury project of the year, and the opportunity to pick the brains of typical jurors for 10-12 days has reinforced for me some of the basic tenets of persuasion and decision-making that we see …

A recent study in Clinical Psychological Science on handling stressful situations reminded me of one of the most difficult challenges I faced as a communications professor – preparing students with stage fright to give a speech in front of the …

I recently had the opportunity to manage a shadow jury project on a large patent infringement case.  My experience in this trial highlighted a few key theories, and reinforced for me the value of using trial monitors. The feedback provided …

One of the first bits of advice I always gave novice speakers when I taught public speaking courses was that you need to keep your audience interested in what you are saying.  It is important to have good evidence in …

January 18th, 2012. A recent Yale Law Review article documented the rarity of civil trials in the modern American judicial system.  The authors rattled off a series of statistics to illustrate the infrequent occurrence of civil trials, with the number …

The Jury Expert, May 2011 The article “Narrative Persuasion in Legal Settings: What’s the Story” provides some constructive advice to help attorneys evaluate the usefulness of narratives and incorporate this strategy into their practice. As useful as it is, I …