Glenn Kuper Ph.D.'s Posts

Managing the scope of multidistrict litigation (MDL) is a daunting task for attorneys and trial teams. The sheer number of cases, attorneys, and witnesses involved in the process creates significant challenges, especially when trying to keep everyone involved in the …

Originally published in Law360, June 12, 2020 The COVID-19 pandemic has elicited a variety of responses by businesses trying to build or maintain good relationships with consumers. Anyone watching television has been bombarded with commercials from companies expressing that they …

As most of the country quarantines to assist with the fight against Covid-19, or Coronavirus, it is realistic to expect some change in people’s attitudes and outlook on life once they are freed from staying at home. Research suggests, “The …

Many trials are decided based on which version of the truth a jury accepts from competing witnesses. An obvious strategy that is taught to witnesses (or really any other speaker) is that they need to build and maintain credibility. A …

Now that some of the heat has started to diminish from the hearings of now-Justice Brett Kavanaugh, it is useful to look at some of the lessons that can be learned for teachers and practitioners of witness testimony. His testimony …

Decades before the O.J. Simpson trial, America had another Hollywood “Trial of the Century.” Errol Flynn, a handsome Australian actor at the height of his Hollywood career, was adored by fans from around the world. That was until 1942 when …

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 …