Trial Consulting Insights

Litigation Stories: Why They Matter and How to Tell Them

By Jill Huntley Taylor, Ph.D.

Every case has a story. The question is whether that story is told compellingly enough to move a jury to action.

Emotional Harm Damages: What Jurors Think

Jurors are often skeptical of emotional harm damages. Understanding why — and how to address that skepticism — is critical to your damages case.

Video Evidence at Trial: Don't Just Press Play

Video evidence can be powerful — but only if it's presented in a way that jurors can process and retain.

Who Is in Charge? Foreperson Selection and Influence

By Tate Taylor

The foreperson plays an outsized role in deliberations. Understanding who gets selected — and why — can shape your trial strategy.

Don't Short-Circuit the Jury: Avoiding Information Overload

By Lexi Slome, Ph.D.

Technical jargon and excessive detail don't just confuse jurors — they distance them. Here's how to keep witnesses clear, accessible, and persuasive.

Helping Witnesses Manage Their Emotions

Witnesses can experience many emotions when they have to testify, whether at deposition or trial. Anxiety, shame, anger, and fear all impact the delivery of their testimony.

The Hidden Trial: Why Deposition Preparation Is Critical

Most attorneys treat depositions as a stepping stone to trial. Plaintiffs' attorneys treat them as trial itself. Here's what defense teams need to know.

Why You Should Love Your Jury

Defense lawyers often go into trial expecting the worst from their jury. That mindset may be costing them cases.

Focus Group or Mock Trial? What's Best for Your Case?

Focus groups and mock trials serve different purposes. Knowing which one fits your case can save time, money, and surprises at trial.

Mock Trials Are for Learning

At TTC, we like to say: learn at research, win at trial. Here are our tips to maximize learning at your mock trial.

Social Justice Movements: Today's Jury in Employment Litigation

By Jill Huntley Taylor, Ph.D.

Social justice movements, COVID-19, and shifting juror attitudes have fundamentally changed the landscape for employment litigation. Here's what trial teams need to know.

Jurors Have Changed. Have You?

Today's jurors bring different expectations, experiences, and skepticism to the courtroom. Attorneys who haven't adapted their approach are at a disadvantage.

Defense and Mercy: Winning Defenses and Avoiding Nuclear Verdicts

In cases where liability is clear, the defense's best path is often through mercy — not denial. Here's how to make that argument effectively.

Nuclear Verdicts: 3 Key Drivers

Nuclear verdicts don't happen by accident. Understanding the attitudes and case factors that drive them is the first step to defending against them.

Victims: The Tie That Binds Against a Common "Other"

Jurors connect with victims. That connection — and how attorneys manage it — often determines the outcome of a case.

Giving Voice to Nuclear Verdicts

By Jill Huntley Taylor, Ph.D.

What are jurors really saying when they return a nuclear verdict? Understanding the message behind the money is key to addressing the problem.

Tell a Compelling Story

The most effective trial attorneys are storytellers. Here's how to build a narrative that jurors will remember — and believe.

Have Recent Events Created More Victims in the Jury Pool?

Today's jury pools include more people who identify as victims — of crime, discrimination, corporate wrongdoing, and more. That changes everything.

Facts, Not Attacks

Attacking the opposing party may feel satisfying, but it rarely moves jurors. Facts — presented clearly and compellingly — do.

Discrimination Sensibilities in Today's Jury Pool

Jurors today are more attuned to discrimination — and more likely to see it — than ever before. Here's what that means for employment cases.

Stealth Jurors: Voir Dire to Uncover Hidden Bias

Stealth jurors hide their true opinions during voir dire. Knowing how to identify them — before they reach deliberations — is a critical trial skill.

Three Key Trial Tips

After decades of trial consulting, these are the three things we see make the biggest difference in how jurors respond to a case.

The Jury Divide

Juries are increasingly divided along political, cultural, and experiential lines. Understanding those divisions — and bridging them — is more important than ever.

Lessons from the Chauvin Voir Dire

The Derek Chauvin trial offered a rare public window into high-stakes voir dire. Here's what trial consultants took away from it.

Juror Distrust of Civil Defendants

Jurors arrive in the courtroom with preexisting distrust of corporations and institutions. Ignoring that distrust is a costly mistake.

Finding Common Ground with Jurors

The most effective trial attorneys find ways to connect with jurors across differences. Here's how to build that common ground.

Trending: Systemic Racism and the Jury Box

Conversations about systemic racism have entered the jury box. Here's how those conversations are shaping verdicts — and what attorneys can do about it.

Stick to the Game Plan

Trials are unpredictable. But attorneys who abandon their strategy at the first sign of trouble often make things worse. Here's how to stay the course.

Settlements: What Happens When Juries Decide

Understanding what a jury would do with your case is the foundation of any smart settlement strategy. Here's how to get that information.

Litigation Is Not Cancelled: Considerations of the Jury Divide

Cancel culture has entered the courtroom. The freedom vs. equality divide among jurors is one of the most powerful — and underused — tools in voir dire.

Following the Law Is Not Enough

Most jurors believe they are following the law — even when they aren't. Understanding why fairness trumps legal instruction is essential for any trial team.