Comments for The Jury Room http://keenetrial.com/blog You Know Law. We Know Juries. Fri, 12 Mar 2010 16:49:59 -0600 http://wordpress.org/?v=2.9.2 hourly 1 Comment on Simple Jury Persuasion: Make Your Expert Optimally Persuasive by Doug Keene http://keenetrial.com/blog/2010/03/12/simple-jury-persuasion-make-your-expert-optimally-persuasive/comment-page-1/#comment-922 Doug Keene Fri, 12 Mar 2010 16:49:59 +0000 http://keenetrial.com/blog/?p=928#comment-922 Tim, Thanks for your comment. As I re-read the blog post I wish I had written it more artfully, so we might be discussing a different nuance. My point is that willingness to respectfully disagree and express mastery over the opposition expert material is crucial. You are right, that your expert isn't likely to achieve that during cross, but more likely in your direct or re-direct. They can either do that by commenting on prior testimony or by commenting on expert reports. But I agree with you completely; experts who try to score while on defense (during cross) usually look argumentative, elicit non-responsiveness objections, are viewed as improper advocates, and are not liked as much. Tim, Thanks for your comment. As I re-read the blog post I wish I had written it more artfully, so we might be discussing a different nuance. My point is that willingness to respectfully disagree and express mastery over the opposition expert material is crucial. You are right, that your expert isn’t likely to achieve that during cross, but more likely in your direct or re-direct. They can either do that by commenting on prior testimony or by commenting on expert reports. But I agree with you completely; experts who try to score while on defense (during cross) usually look argumentative, elicit non-responsiveness objections, are viewed as improper advocates, and are not liked as much.

]]> Comment on Simple Jury Persuasion: Make Your Expert Optimally Persuasive by Timothy R. Hughes http://keenetrial.com/blog/2010/03/12/simple-jury-persuasion-make-your-expert-optimally-persuasive/comment-page-1/#comment-920 Timothy R. Hughes Fri, 12 Mar 2010 13:57:20 +0000 http://keenetrial.com/blog/?p=928#comment-920 It is not ridiculous at all on the be nice comment - likeability is critical. Great post, although I do have a question about this: "On cross-examination, ask them to explain how their explanation is more correct than the other side’s expert testimony." I assume this is you coaching your expert on how to deal with the other side's cross? Good advice, but a good lawyer on the other side will make this difficult or impossible. I tend to ask very tight, very leading questions on cross and not permit much wiggle to avoid having the opposing expert try to turn the tables on me. It is not ridiculous at all on the be nice comment – likeability is critical.

Great post, although I do have a question about this:
“On cross-examination, ask them to explain how their explanation is more correct than the other side’s expert testimony.”

I assume this is you coaching your expert on how to deal with the other side’s cross? Good advice, but a good lawyer on the other side will make this difficult or impossible. I tend to ask very tight, very leading questions on cross and not permit much wiggle to avoid having the opposing expert try to turn the tables on me.

]]> Comment on You know about story-telling, but do you know to wear red? by Stark County Law Library Weblog http://keenetrial.com/blog/2010/03/08/you-know-about-story-telling-but-do-you-know-to-wear-red/comment-page-1/#comment-919 Stark County Law Library Weblog Thu, 11 Mar 2010 17:26:37 +0000 http://keenetrial.com/blog/?p=921#comment-919 <!--%kramer-ref-pre%-->[...] post was written by Douglas Keene: "By now we all know to tell jurors a story. Articles like this one from Neuromarketing Blog are [...]<!--%kramer-ref-post%--> Kramer auto Pingback[...] post was written by Douglas Keene: "By now we all know to tell jurors a story. Articles like this one from Neuromarketing Blog are [...]

]]> Comment on “I didn’t know truth had a gender” by Sui Generis--a New York law blog: Blawg Review #254 http://keenetrial.com/blog/2009/12/02/i-didnt-know-truth-had-a-gender/comment-page-1/#comment-918 Sui Generis--a New York law blog: Blawg Review #254 Tue, 09 Mar 2010 13:48:52 +0000 http://keenetrial.com/blog/?p=223#comment-918 <!--%kramer-ref-pre%-->[...] And, finally does "truth" have a gender? Rita Handrich explores this idea. [...]<!--%kramer-ref-post%--> Kramer auto Pingback[...] And, finally does "truth" have a gender? Rita Handrich explores this idea. [...]

]]> Comment on Lighter Skin, More Like Me by Situationism in the Blogosphere « The Situationist http://keenetrial.com/blog/2010/02/10/lighter-skin-more-like-me/comment-page-1/#comment-917 Situationism in the Blogosphere « The Situationist Tue, 09 Mar 2010 04:03:35 +0000 http://keenetrial.com/blog/?p=896#comment-917 [...] From Jury Room: “Lighter Skin, More Like Me” [...] [...] From Jury Room: “Lighter Skin, More Like Me” [...]

]]> Comment on You know about story-telling, but do you know to wear red? by Rita Handrich http://keenetrial.com/blog/2010/03/08/you-know-about-story-telling-but-do-you-know-to-wear-red/comment-page-1/#comment-916 Rita Handrich Mon, 08 Mar 2010 21:00:10 +0000 http://keenetrial.com/blog/?p=921#comment-916 I think jurors might think it curious if a male showed up in a red suit. :) I think jurors might think it curious if a male showed up in a red suit. :)

]]> Comment on You know about story-telling, but do you know to wear red? by Rita Handrich http://keenetrial.com/blog/2010/03/08/you-know-about-story-telling-but-do-you-know-to-wear-red/comment-page-1/#comment-915 Rita Handrich Mon, 08 Mar 2010 20:59:24 +0000 http://keenetrial.com/blog/?p=921#comment-915 Attractive = increased liking = more persuasive. And being tall is still good too! Attractive = increased liking = more persuasive. And being tall is still good too!

]]> Comment on You know about story-telling, but do you know to wear red? by Mark Bennett http://keenetrial.com/blog/2010/03/08/you-know-about-story-telling-but-do-you-know-to-wear-red/comment-page-1/#comment-914 Mark Bennett Mon, 08 Mar 2010 18:51:49 +0000 http://keenetrial.com/blog/?p=921#comment-914 In high-school psychology 20+years ago I remember being told that men wearing red ties were seen as more attractive. Attractive = persuasive? In high-school psychology 20+years ago I remember being told that men wearing red ties were seen as more attractive.

Attractive = persuasive?

]]> Comment on You know about story-telling, but do you know to wear red? by Timothy R. Hughes http://keenetrial.com/blog/2010/03/08/you-know-about-story-telling-but-do-you-know-to-wear-red/comment-page-1/#comment-913 Timothy R. Hughes Mon, 08 Mar 2010 14:46:30 +0000 http://keenetrial.com/blog/?p=921#comment-913 Very interesting. Where can I get my red suit for court? Then again, I am not sure the same result would obtain for men .... Very interesting.

Where can I get my red suit for court? Then again, I am not sure the same result would obtain for men ….

]]> Comment on Can you assess juror morality by counting tattoos? by Stark County Law Library Weblog http://keenetrial.com/blog/2010/02/24/can-you-assess-juror-morality-by-counting-tattoos/comment-page-1/#comment-910 Stark County Law Library Weblog Tue, 02 Mar 2010 20:01:37 +0000 http://keenetrial.com/blog/?p=882#comment-910 <!--%kramer-ref-pre%-->[...] post was written by Rita Handrich: "Maybe you can. While ink on the skin doesn't mean what it used to (see our post here) it [...]<!--%kramer-ref-post%--> Kramer auto Pingback[...] post was written by Rita Handrich: "Maybe you can. While ink on the skin doesn't mean what it used to (see our post here) it [...]

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