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Archive for the ‘Law Office Management’ Category

A new issue of The Jury Expert 

Monday, June 29, 2015
posted by Rita Handrich

TJE_logoWe try to post the Table of Contents for new issues of The Jury Expert here when it publishes and there is a new issue up now. Here’s what you’ll see if you visit.

Does Deposition Video Camera Angle Affect Witness Credibility?

by Chris Dominic, Jeffrey Jarman, and Jonathan Lytle–all of Tsongas Consulting. Many of us have had spirited discussions about how the angle of the camera in deposition affects the impression of witness credibility. We all have strong ideas and sound reasons behind those ideas. These authors had the same sort of discussions but actually did research on it so you could benefit from this knowledge as well.

Looks Like Science, Must be True! Graphs and the Halo of Scientific Truth

by Aner Tal from Cornell with responses from visual evidence specialists Jason Barnes and Karyn Taylor. Ever wonder just how much difference there is in how persuasive charts and graphs are in the courtroom? This researcher looked at whether a simple (very simple) graph with no bells and whistles would be more persuasive to triers of fact. You will find the results odd and somewhat unsettling. Jason Barnes and Karyn Taylor respond with their perspective on making visual evidence compelling.

Jury Instructions: Work In Progress

by Steven Perkel and Benjamin Perkel, both of Perkel and Associates. The question of plain language jury instructions has been around for a while but we wanted to bring you the most recent findings and thoughts on making jury instructions easier for jurors to understand and interpret.

“Soft” vs. “Hard” Psychological Science in the Courtroom

The terms “soft science” and “hard science” are commonly applied to different scientific disciplines, and scientists have investigated and theorized about features that apply when placing scientific disciplines on a soft-hard continuum. In the minds of laypeople, however, the difference may lie in the more simple perceptions of different scientific disciplines. The very words themselves, “soft” and “hard”, may hint at different reputations. Soft sciences are fuzzy and less rigid, suggesting lower reliability, validity, and rigor than hard sciences possess.

Favorite Thing: The Presidential Commission for the Study of Bioethical Issues

Here’s another favorite thing and this one is all about research being done (both brain and biological) that touches on ethical issues we need to understand.

Using The Other Side’s Strikes: Regulating The Information Flow To Steer Your Opponent In Voir Dire

by Roy Futterman of DOAR. Jury selection is a strategic activity that requires you to imagine how the other side will react. This author suggests you take that imagination a step further by behaving strategically to get opposing counsel to strike jurors you want them to strike–effectively giving you twice the number of strikes when you are successful. How could you not read this one?!

Loyalty, Longevity and Leadership: A Multigenerational Workforce Update

by Doug Keene and Rita Handrich, both of Keene Trial Consulting. Recently we were asked to conduct research on whether jurors of different generations responded to case themes differently. In preparation for this, we updated the generational research completed in the past few years. This article summarizes what we learned about the “real” (as opposed to anecdotal) differences between generations and how you can use a sensible approach to managing your own multigenerational office.

Top 10 Most Widely Read Jury Expert Articles Since 2011! 

Every year we have been giving you a list of the top ten articles on The Jury Expert’s website for the past year. We thought we would also show you our top ten most highly trafficked articles since we began to publish online. It’s an interesting list with some of what readers say is our best work. Don’t miss it!

Image is TJE logo

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multigenerational-householdsWe’ve done a lot of literature review on generations and written papers summarized here and published in The Jury Expert. And it’s time for a new paper! Recently, we were asked to do some work on sorting out if (and how) the generations respond differently to fact patterns in litigation, And, as part of preparing for that research, we took a look at research published since we last wrote a literature review on generations at work. The article described here is the result of that pre-project preparation.

As we prepared for the mock trial research with mock jurors of varying generations, our client said, “50 year old GenXers?”.It’s hard to believe GenXers are really that old, but do the math—time has continued its inexorable march. Do that math a few more times and you will see the oldest Millennials are in their early thirties and the oldest Boomers are turning 70! It is easy to lose track of the passage of time and many of us tend to retain our outdated impressions of younger generations frozen in time. But they are growing older (just like we are) and changing as they mature. It’s imperative that we all keep our internal stereotypes up-to-date with reality in order to not be left behind with an outdated vision of who will come to interviews or even serve on our juries.

We wrote this paper for law firms trying to sort out management of the multigenerational workplace. There is fascinating research being done in this area and much of it can be translated into clear and behavioral steps to be taught to your managers and employees in general. This article discusses some recently found “real differences” between the three generations in the workplace (i.e., Boomer, GenXer, Millennial) identified in large sample size and global studies of individuals. If you enjoy learning about the latest research on generations and want to know more about making your workplace function more efficiently and respectfully—we hope you’ll read our latest article Loyalty, Longevity and Leadership in The Jury Expert.


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light skinned black manMost of us have heard of the preference for lighter skin within the African-American community. Some of us have also heard of “colorism” in general—a bias shared by many in our culture. Recently, author Lance Hannon (a sociologist from Villanova University) used data from the 2012 American National Election Study and found that Whites in America tended to see light-skinned Blacks and Hispanics as more intelligent than those with darker skins.

The National Election Study requires interviewers to sit down in a face-to-face survey with respondents (who disclose their income and education level and take a brief vocabulary test). Hannon identified 223 Black or Hispanic respondents who were interviewed by White survey takers. The White interviewers were asked to list each individual respondent’s skin tone on a 10 point scale as well as to estimate the respondent’s intelligence on a 5-point scale ranging from “very low” to “very high”.

What he found is disturbingly consistent: “white observers will look at two identically qualified minorities and assess the lighter skinned one as more intelligent”. Other factors about the respondent simply did not seem to matter.

Specifically, regardless of the respondent’s age group, gender, income, or their vocabulary test score, those respondents the interviewer’s described as “lighter” in skin tone were seen as “more intelligent”.

Educational level of the respondent did predict the interviewer’s assessment of their intelligence, but not as strongly as the respondent’s skin tone predicted the interviewer’s estimate of their intelligence.

If this finding is supported by follow-up studies (which appears likely), it has far-reaching implications for our society. When skin tone has a larger role in estimating intellect than educational level—the tendency to equate lighter skin with higher intelligence is obviously deeply entrenched.

From a litigation advocacy perspective (and an inclusive workplace perspective), this research informs us on biases we may assume without question.

When assessing jurors for your specific case, pay more attention to education and curiosity than to skin tone in estimating intelligence.

Do the same in the workplace. When you are assessing workplace performance, set skin tone (and gender, and age, and ethnicity) aside. Focus instead on concrete behavioral indicators that deserve reward.

Just as we have “learned” to have biases against race and color, we need to “unlearn” those biases and make ourselves consciously aware of them—whether it is in the courtroom or the workplace.

Hannon, L. (2015). White Colorism Social Currents, 2 (1), 13-21 DOI: 10.1177/2329496514558628


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Leftover treasures: This and that

Monday, December 8, 2014
posted by Douglas Keene

We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita


Like that cranberry sauce* shoved to the back of the refrigerator, this post contains small “leftover” treasures to which we do not want to devote an entire post but which we would like to share with you.

Tattoos, Piercings and the Workplace

You may have noticed we have quite a collection of posts about tattoos here at The Jury Room. We’ve said it is because we may have some tattooed 20-something kids but it is also perhaps because we are very curious about anything that stirs up bias or strong feelings in the observer. While tattoos may seem like yesterday’s news, in some people they still arouse strong reactions. And apparently in some corporations as well. A recent post at The Act of Violence identifies various corporate policies against tattoos and body piercings: Starbucks, for example, allows no tattoos that show (and now no “gem-encrusted rings or diamond-heavy wedding rings”).   Other companies ask that tattoos not carry “racist, anti-religious, demeaning, profane, or hostile” messages. Still others apparently have a “percentage policy” wherein they say you may not have more than 30% of your exposed skin showing visible tattoos! Piercings, embedded jewelry, branding, scarring, and other body modifications are undoubtedly giving HR personnel across the country heartburn as they figure out how to respond to individual employees. This is an interesting post well worth visiting.

Don’t send that cover letter!

Speaking of the workplace, if you are on the job market, don’t just get in touch with your own pain–get in touch with the pain of the hiring manager. Here’s a Forbes piece on what they call human-voiced resumes. It’s a way of communicating to that hiring manager that you not only understand, but that you would be terrific to work with, rather than using a cover letter and making the mistake of leading with your “passion”.

“Meanies” online get more attention

So if what you want is attention, just be mean. Snarky. Sarcastic. People will think you are smarter and you will get re-tweeted a lot when you are mean (at least according to this Wired article). It’s called the “negativity bias” and this is how Wired describes it: “when we seek to impress someone with our massive gray matter, we spout sour and negative opinions”. So, when you see people being mean online, just know they are trying to impress you with how smart they are.

Do I want to vote for brains or potential lifespan?

Speaking of how smart people are, let’s take a look at how people decide who to vote for when faced with several political candidates. You guessed it, here’s a study (presented in a podcast that hit saying when choosing whom to vote for, people prefer candidates who look healthy over those who seem smart. Here’s a website with an example of what, in this study, constituted a healthier looking person versus an intelligent looking person.

Would that be a homonym, homograph, or homophone?

Many people have trouble with words that sound alike but mean different things. You may have noticed that popular word processors often share that trouble. Here’s a terrific infographic that may even help you figure out the difference between “affect” and “effect”. If you know the difference you do not have to creatively use “impact” in place of either “affect” or “effect”.


*And as for that leftover cranberry sauce, try it on a grilled cheese sandwich with a hearty bread the sauce will not penetrate.

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workingmomOr if you already are a mother, do not have any more children. On the other hand, if you are a man, have as many children as you would like. And preferably with a woman who doesn’t mind taking a dramatic payroll hit at work. With children (as a man) you get an average 11.6% bump in your salary according to this report. The author opines that fatherhood “is a valued characteristic of employers, signaling perhaps greater work commitment, stability, and deservingness”.

But we must remind you that this applies only if you are a man who is a father. And if you are a woman? According to today’s research report, with every additional child, you lose another 4% in income. So it isn’t just gender that reduces your salary. It’s having children as well. And yes. It is an article written in 2014. Don’t shoot the messenger here, it isn’t our research or our vision of a “just world”.

“For men, it’s just the status of being a father that raises their wages. For women, each additional child she has makes the penalty worse.”

Becoming a mother means women will earn less over their lifetimes while fathers earn more. This is but a small part of the disconcerting, disturbing, and depressing findings in a new report from the Third Way think tank. You may wonder what happened to the 2010 ABC World News report of women now earning 8% more than men. Well, that report only referred to young (early career) and childless women–not women with children.

Michelle Budig, the author of this report, calls what happens to women the “life cycle effect”. She points out the small gender gap in pay for 20-somethings (women earn about 96 cents on the dollar compared to men). That small gender salary gap grows as you hit 30-something and then 40-something though, and Budig thinks it is because of developmental milestones like marriage and children.

“Things happen in people’s lives like marriage and children, that trigger new behaviors and differential treatment in the workplace” for men and women.

Specifically, she says, the period between age 35 and age 44 is when we generally see the largest growth in salaries. This is also the time when many college-educated women stop delaying childbearing and are actively involved in caring for young children.

A caveat to this news comes if you are at the top of the salary distribution. If you are a man you get an even larger fatherhood bonus. And if you are a woman, while you don’t get a bigger bonus for being at the top of the income distribution, there is no motherhood penalty at all.

Another caveat also relates to privilege. White fathers receive larger fatherhood bonuses that Latinos or African-American men. In fact, African-American men have the lowest fatherhood bonus of any racial/ethnic group.

Budig suggests stereotypes of what makes a “good mother”, a “good father” and a “good worker” are likely at play here. If we believe that mothers should be focused on caring for children over workplace/career ambitions, they “will be suspect on the job and even criticized if viewed as overly focusing on work”. The opposite is apparently true for fathers who are likely perceived as trying hard to be a “good provider”.

From a workplace perspective, this report is a pointed reminder of the importance of identifying (and using) concrete, behavioral indicators for salary increases. That is one way to avoid making salary decisions based on stereotypes that cast either a halo effect (on fathers) or the opposite (on mothers). Creating a professional environment that welcomes both men and women means having specific indicators of “success” that apply equally to all employees, regardless of gender, ethnicity, age, or parenthood status.

Budig, M. 2014 The fatherhood bonus and the motherhood penalty: Parenthood and the gender gap in pay. Third Way.


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