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Stealth tactics to disempower opposing counsel (and other things you want to know)

Friday, February 28, 2014
posted by Rita Handrich

stealthy catFrom time to time we post tidbits from research that we have not turned into entire posts but which may (or may not) inform your practice. This is one of those times. Some of the findings are a stretch to accept (and we are not endorsing them by sharing them here, merely raising them for your consideration and discussion).

Stealthily disempower opposing counsel: Race to the courtroom door and open the door for opposing counsel. This simple courtesy (if both you and opposing counsel are male) will diminish opposing counsel’s self-esteem and self belief. Practice saying this with a totally sincere smile: “After you!” (Note: It doesn’t work with women.) The alternate view of this is that an attorney who has the audacity to hold open a door might actually have been raised with good manners. Mom would be proud.

Stop doing that on your smartphone while driving! The Atlantic has an article on the most dangerous things to do on your phone while driving. While taking off or putting on a jacket or pulling up your socks does not make the list, lots of other things do–although the more experienced you are, the less likely you are to have such high risk factors. In light of the “better than average effect”, we know this means most of you will dismiss this information.

Shortage of medical malpractice attorneys: Here’s a powerful statement on the outcome of tort reform. 90% of the people looking for a medical malpractice attorney to take their case will not find one. This statistic disproportionately impacts women, children and the elderly.

Crafty and sly font designers: The Economist has an article on the “science behind fonts and how they make you feel”. For example, Helvetica makes us think of the government, while commonly used news headline fonts seem untrustworthy. This is not good. The article includes specific suggestions for optimizing how the reader feels when reading your text.

Mugshot websites exploit both the guilty and the innocent. Mugshot websites are not associated with law enforcement. They simply take photos from law enforcement websites and post them (and then charge you a fee to have your photo removed). While there are a few states with laws about when mugshots should be removed, mostly it’s an unregulated practice. An arrest (and the accompanying mugshot) does not necessarily reflect a conviction. Or even a justified arrest.

You really should always watch your back! Because sharks like to approach humans from behind. This research refers to sharks that live in the sea and not to excessively competitive, sometimes unethical humans–although the same lesson likely applies.

Zimmerman acquittal and changes in the size of juries. Two states have passed bills to increase the size of juries. Wisconsin now requires 12-person juries for all criminal cases, including misdemeanors. Florida has approved 12-person juries for all cases where the sentence could result in a life sentence and a companion bill (pending in the Florida House of Representatives) would require 12-member juries for all criminal cases.

Are you convinced you’re a multitasker? This infographic will make you stop doing so many things at one time. It’s pretty amazing. No wonder sometimes we feel as though we get nothing done! We are, of course– we’re just not doing any of it as well as we would if our concentration was all on one task.


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