There is a particular moment in trial that I have seen far too many times. A lawyer is standing in front of the jury. The lawyer is prepared. The question is good. The witness has just given exactly the answer everyone hoped for. Now the lawyer wants Exhibit 237 on the screen. And suddenly the trial stops. The lawyer turns toward the laptop. Clicks something. Nothing happens. Clicks again. The…
The Perkins Coie Podcast Series: Bullet Points Are Killing Your Persuasion This article is part 5 of our continuing series (parts 1 , 2 , 3 , 4 , and 5 are here) highlighting our conversation on the Persuasion Occasion podcast with Perkins Coie. In earlier installments, we discussed why fear often persuades more effectively than logic, how simplifying your opening statement strengthens your case,…
Part 4 of the Persuasion Occasion podcast series with Perkins Coie (see parts 1 , 2 , 3 , and the full podcast on Spotify ) Trial consultants love stories. Unfortunately, facts occasionally insist on participating. One of my favorite persuasion lessons comes from an antitrust matter involving the proposed merger of two of the largest airlines at the time. The case never produced quite the…
I’ve been hesitant to share this method for a long time because I was afraid my smart readership wouldn’t take it seriously. As I’ve gotten older, though, I’ve come to appreciate really simple tests that explain a lot. Some of these simple tests might sound strange, but they’re useful rules I can actually live by. If my clothes don't fit, the dry cleaner did not shrink them. The best measure of my…
