Consulting

Jurors’ Coronavirus Hardship Declarations

Jurors’ Coronavirus Hardship Declarations We frequently work on cases that last two or more weeks. In those cases, many jurors will submit hardship declarations or request to postpone their service. Reasons for submitting hardship declaration are varied. Some prospective jurors might have a vacation planned, or, have financial restrictions, or have someone they care for […]

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Consulting, Jury Trials During the Pandemic

Four Disadvantages of Online Mock Trials

Four Disadvantages of Online Mock Trials Because of the coronavirus, many of our interactive activities – like mock trials and focus groups – have switched to an online format. Courts are conducting the Zoom jury trials and experiencing the advantages and disadvantages to that format. There are many advantages to getting mock juror feedback online. While […]

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Consulting, Implicit Bias

Implicit Bias: Process & Remedies

We’ve encountered, and contended with, implicit bias in our work as trial consultants. Some clients are curious as to how implicit bias works and how we can counteract it. In our other posts, we cover practical and academic aspects of implicit bias including how biases impact bench trials, jury trials, and arbitration. In the following […]

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Consulting, Implicit Bias

Attorney Gender Presentation: What’s Good For The (Masculine) Goose Is Not Good For The (Feminine) Gander

The American Bar Association (ABA) has explored several initiatives to reduce bias against women lawyers. Two 2018 articles, one in The Atlantic by Lara Bazelon, and a reply by Chris Arguedas that appeared in The Recorder, offer different views gender in the courtroom. They offer their views on presentation styles that female attorneys employ before […]

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Consulting

Notes on the Waymo v. Uber Jury Selection

Waymo v. Uber settled, but not before jury selection and four days of evidence. We’re lucky in the Bay Area to have a series of high-profile, high-stakes, high-tech cases coursing through our courts: the multiple trials of Apple v. Samsung, Oracle v. Google, and now, Waymo v. Uber.

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Consulting, Witness Preparation

Preparing Witnesses with Limited English Proficiency

Any attorney or consultant who has prepped their fair share of witnesses understands that different witnesses present different challenges. Those challenges can depend on things as simple as their appearance, their willingness to make eye contact, choice of words, and even their (lack of) sense of humor. For some situations, there are nuanced challenges that […]

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Consulting, Implicit Bias

Cognitive Psychology & Implicit Bias

What do I need to know about implicit bias and the scholarly research on implicit bias? 1. Everyone has implicit biases. Research has found this to translate to discriminatory practices by doctors, judges, jurors, attorneys, teachers, etc. Why does everyone have implicit bias? – Cognitive psychology tells us that mental shortcuts, or heuristics, allow our […]

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