Theodore O. Prosise Ph.D.'s Posts

  • What the "Game of Thrones" Novels (not the show) Teach Us about Juries

    One of the things that makes George R. R. Martin’s series of books, A Song of Ice and Fire (which the HBO show is based on) such a success is that each chapter is written from a single character’s point …

  • 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 …

  • Your Witness--Prepare Before Stepping Into the Sun

    King County Bar Bulletin, July 2004 Theodore O. Prosise, Ph.D. shares four principles that help you and your witness testify more credibly. Read the Full Article Here:

  • Managing the Message: Visual Case Presentation

    King County Bar Bulletin, November 2004 Ted Prosise, Ph.D. suggests how to make case presentations more persuasive and interesting wtih effective visual advocacy for both alternative dispute resolution and trial. Read the Full Article Here:

  • Strategy, Planning Lead to Success

    King County Bar Bulletin, October 2005 Ted Prosise, Ph.D. discusses methods for getting an advantage in litigation. Specifically they discuss: Using a Courtroom Setting; Increasing Witness Comfort; Developing the Case Story Early; and Working with Consultants. Read the Full Article …

  • Anatomy of a Medical Malpractice Verdict

    Montana Law Review, Winter 2009, v. 70, no. 1 Tom O’Toole, Bruce Boyd, and Ted Prosise explore, “Three key theories of juror decision-making and courtroom communication” in their article, “Anatomy of a Medical Malpractice Verdict.” The three theories explored include: …

  • Keys to Success in Arbitration

    White Paper, 2009 The authors discuss several keys to success in Arbitration including: 1–The Case Strategy: Developing the Narrative and Case Themes; 2–Witnesses 3–Graphics; 4–The Opening Statement and Closing Argument. Read the Full Article Here:

  • Shadow Juries: A Unique Advantage in Civil Trials

    Verdict: American Bar Association, Fall 2009 In one trial, the defense decided to cut three of its four damages witnesses because the focus on damages was degrading the strength of the liability case. In another trial, the defense altered cross-examination …

  • A Case for the Expanded Use of Supplemental Juror Questionnaires

    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 …