articles on communication in litigation by ComCon consultants

Articles for LitigatorsScales of justice

Articles

EARLY STAGE

apologies  ·  negotiations

MIDDLE STAGE

preparing witnesses  ·  questioning

TRIAL STAGE

juries  ·  presenting  ·  defending  ·  persuading

also see   JURY RESEARCH  and  MEDIA INTERVIEWS

Published articles by ComCon consultants addressing issues arising in the early, middle and trial stages of litigation. Also check out ComCon's Persuasion Tips.

Early Stage                 Apologies   ·   Negotiations 

 

Shaking Hands

Apologies

What constitutes a true apology? Did Janet Daily apologize to Nora Roberts for plagiarizing her novels?

Read MEANINGLESS APOLOGIES, DISOWNED SELVES  pdf

Negotiations

How can you increase your power when negotiating for your client?

Read POWER IS THE ESSENCE OF NEGOTIATION  pdf

What do mediators think of specific deceptive practices during negotiations?

Watch  ppt MEDIATOR VIEWS OF DECEPTIVE NEGOTIATION

Middle Stage                Preparing Witnesses   ·   Questioning 

 

Hand on Bible

Preparing Executives to Testify

What techniques can be taught to prepare executive witnesses for testifying at depositions and trial?

Read A FISH OUT OF WATER: THE CORPORATE EXECUTIVE AS A TESTIFYING WITNESS  pdf

Talking

Asking Questions Persuasively

How do questions put words in answerers' mouths?

Read PERSUASIVE QUESTION-ASKING: HOW QUESTION WORDING INFLUENCES ANSWERS  pdf

Trial Stage     Juries  ·  Presenting  ·  Defending  ·  Persuading 

 

Jury

Jury Composition

What is the chance of getting an unfavorable jury in a favorably-inclined venue?  What is the chance of getting a favorable jury in an unfavorably-inclined venue?

Read LIKELY JURY COMPOSITION  pdf

Graph

Presenting Information

What is the most persuasive way to present numerical information to decision-makers?

Read DISPLAYING NUMERICAL INFORMATION  pdf

How does irrelevant and non-probative information affect the perceived truth of claims?

Read TRUTHINESS, FALSINESS, AND NOTHINGNESS  pdf

Courtroom

Criminal Defenses

What experts and voir dire questions are effective for the defense in a false confession case?

Read EXPERTS AND JURY SELECTION FOR FALSE CONFESSIONS  pdf

Is it effective to cast a criminal defendant as a victim and not a hero?

Read HUMANIZING ROLES FOR CRIMINAL DEFENDANTS  pdf

Courtroom

Persuading Juries

What effects do attorney race and gender have on trial outcomes?

Read ATTORNEYS IN CONTEXT  pdf

What inferences did jurors have to make about the evidence in the O.J. Simpson case?

Read PERSUADING THE SIMPSON JURY  pdf

Do juries hang because of the jurors or weaknesses in the case?

Read WHY DO JURIES HANG?  pdf

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