Tsongas Litigation Consulting's Posts

  • How College Football Can Impact Your Trial

    Many of us at Tsongas are college football fans. Actually, that may be understating the passion some of us feel for our respective alma maters. And since none of us went to Alabama, the college football season usually brings us …

  • Practical Tips for Courtroom Success

    I recently attended a CLE given by a veteran judge about what, in his experience, works and what doesn’t work at court. He spoke about what judges want from lawyers and what he thinks jurors want from lawyers, the latter …

  • Jurors Are Always Watching… And Making Judgments

    Recently, Hulk Hogan was awarded $140 million against Gawker for posting a private video of him on their website without his permission. This trial received extensive media coverage and the jurors have offered interviews giving insight into their decision-making, which, …

  • 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 Pitfalls of Attorney-Conducted Jury Research

    The author David Sedaris once said, “Writing gives you the illusion of control, and then you realize it’s just an illusion, that people are going to bring their own stuff into it.” Recognizing that what he finds funny and interesting …

  • Keeping Juror Internet Use in Check

    Consider for a moment how frequently you search the internet in a given day. While some of the searches are probably just for fun (like this one of bulldog puppies), most of your searches are probably conducted to learn more …

  • Political Campaigns: Informing Your Trial Strategy Do’s and Don’ts

    The presidential political season is upon us! Yay? While one part of me would like to take an extended vacation where there are no TV’s so I can skip the entire thing, another part of me is looking forward to …

  • Disregard This Blog: Why Instructions to "Disregard" Evidence Often Fail

    Let’s try an experiment: For the next 5 minutes, don’t think about Kim Kardashian. Keep a tally of each time your mind slips and you do think about her, but again: don’t think about her. How did you do? Of …

  • Curiosity Promotes Learning

    A teaser trailer for the new Star Wars movie came out recently, sending fans of the series, including my 3-year old, Emperor-obsessed niece, into a frenzy. The trailer is roughly 90 seconds long and provides very little information about the …

  • Who's Your Marcus?

    Like every state, Oregon is divided in a number of ways: there are the urbanites vs. suburbanites, red counties vs. blue counties, vegans vs. vegetarians vs. carnivores, and finally there are Ducks and Beavers. Right now, as these disparate Oregonians …

  • Jury Selection in Ten Questions or Less

    How much can you learn about a person in 10 questions? Can you learn enough to know whether he or she can be a fair and impartial juror? If you could, what questions would you need to ask? An article …

  • Jurors bias evidence to help "their side"

    When I studied juror decision-making in graduate school, I was most concerned about the ecological and external validity of my research. That is, does the design of the study sufficiently replicate real life and are the findings generalizable to the …

  • Teeing it Up For Your Opponent: Refutation should not be so easy

    “As the longest-tenured owners in the NBA, the Sterlings have employed five African-American coaches, scores of African-American players, an African-American general manager who held that job for 22 years and staff….”   I was watching the latest installment of the …

  • “Everyday is a Great Day!” Self-Fulfilling Prophecy and Social Labeling

    “We are what we pretend to be.” Kurt Vonnegut “Everyday is a great day!” That’s what he said, and appeared to believe with every fiber of his body. He was a 20-something, male clerk in an airport hotel’s gift shop. …

  • The Spotlight Is Not As Bright As You Think

    One of my favorite topics from the world of social psychology is the “spotlight effect.”1  This describes our tendency to overestimate the degree to which other people notice us. Because we are egocentric, we are very aware of our own …

  • Beware of the Unknowns in Your Story

    At the time of this blog, it’s been nearly two weeks since Malaysia Airlines Flight 370 went missing, and the attention paid to this story has grown exponentially over this period of time. I, like most people, find the mystery …

  • Brain Games

    It’s not often that my 15 year-old son tells me there’s this “great” show he wants me to watch with him that doesn’t involve car chases, fights, and some bad jokes.  But that’s  what happened last week when he told …

  • 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 …

  • Is Something Wrong with Your Face?

    “Smile!” “What’s wrong?” “Are you mad?” “I can see you don’t agree with me.” At first these questions and statements caught me off guard. “Nothing’s the matter.” “No, I’m not mad.” “Why do you ask?” Now, I’ve gotten so used to …

  • 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 Power of Simplicity

    What if I told you that you could predict the success or failure of stocks in the first few weeks after their IPO, knowing nothing about the company other than their name? What if you only knew the ticker symbol? …

  • We Want Justice!

    But what does “justice” look like? Providing care to an injured party? Stopping corporate greed? Getting defective products off the market? Giving back what was stolen? Honoring truth? Promoting competition or protecting one’s invention? What does “justice” not look like?  …

  • Reading the Tea Leaves -- Jurors' "Signs" During Deliberations

    The jury asked to have the entire testimony of Mr. Smith read back; the jury asked for Thai food for lunch; the jury asked to see a particular medical bill; Juror #4 looks angry; Juror #8 looks sad; it’s been …

  • The Golden Age of Litigation Preparation

    January 10th, 2012 We have all heard the laments of days gone by in every field. Old school journalists speak openly about “the old days” when there was “a code.” In litigation, new lawyers who struggle to get experience in …

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