Cultivating Effective Lawyer-Juror Relationships: Understanding the Process
- Author: Thomas Baggott
- ISBN 10: 0-913875-60-0
- ISBN 13: 978-0-913875-60-5
- Copyright Date Ed: September 14, 1999
- Pages: 170 pages
- Binding Information: Hardcover
- Size: 6 ✕ 9 Inches (US)
Invaluable information and practical techniques for communicating with a jury.
As a trial lawyer, you know that your relationships with jurors extend far beyond jury selection. Your opening statements, examination of witnesses and closing arguments all involve opportunities to communicate with, and persuade, the jury. Written in a simple style without cumbersome terminology, this new book explains how to manage a jury and lead it to an appropriate understanding of your case.
Written for trial lawyers in an entertaining and informative way, Lawyer-Juror Relationships presents invaluable information and practical techniques essential for ensuring persuasive communications with a jury at every stage of the trial. Before trial, you are faced with decisions about how much to budget for your case, how to assemble your team of experts and what pretrial research to perform.
Learn how pretrial research can improve your assessment of a case and the decision to settle or try the case. Also included are psychological insights into how jurors think and deliberate, tips on information management during jury selection, psychological principles useful in opening statements and closing arguments, and a discussion of the discoverability of trial consultant work product.
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Topics covered:
- Picking Your Team
- Case Budget
- Preparing Witnesses for Trial
- Pretrial Jury Research
- Inside the Jury Room
- How Jurors Think
- Nonscientific Jury Selection
- Information Management
- Opening Statements and Closing Arguments
- Discovering Trial Consultant
- Work Product
Table of Contents
Cultivating Effective Lawyer-Juror Relationships: Understanding the ProcessThomas Baggott, Ph.D.
Contributing Authors: Richard H. Lucas, Ph.D., Stanley D. Davis, Esq. Thomas D. Beisecker, Ph.D.
Chapter 1: Picking Your Team
Chapter 2: Case Budget
Chapter 3: Preparing Witnesses for Trial
Appendix A: Sample Witness Evaluation Check Sheet
Appendix B: Sample Witness Evaluation Guide--Male
Appendix C: Sample Witness Evaluation Guide--Female
Chapter 4: Pretrial Jury Research
4.1 Conceptual Focus Groups
4.2 Mock Trial Groups
4.3 Witness Evaluation Groups
4.4 Issue-Oriented Groups
4.5 Roles of the Consultant and the Attorney
Chapter 5: Inside the Jury Room
5.1 Introduction
5.2 Stages of Deliberation
5.3 Juror Types
5.4 Identify the Foreperson
Chapter 6: How Jurors Think
6.1 Perception of Courtroom Presentations
6.2 How People Listen
6.3 Special Considerations
A. Simplify
B. Dangerous facts
C. Logical difficulties
D. Traits
E. Angry jurors
F. Motivation
G. Predisposition to act
Chapter 7: Nonscientific Jury Selection
Chapter 8: Information Management
Chapter 9: Opening Statements and Closing Arguments: Mars and Venus in the Courtroom
Richard H. Lucas, Ph.D.
Prologue: Some Observations on Opening Statements and Closing Arguments, by Thomas P. Baggott, Ph.D
9.1 Introduction
9.2 Anecdotal and Common Evidence
A. Societal/individual interactions
B. Personal/relationship concerns
C. Achievement/success motivation
D. Purpose/meaning of communication
9.3 Examples of Differences
9.4 Using Male/Female Communications During Opening Statements and Closing Arguments
9.5 Examples During Closing Argument
A. Plaintiff
B. Defendant (same cases as above)
9.6 Conclusion
Chapter 10: Discovering Trial Consultant Work Product
Stanley D. Davis, Esq., and Thomas D. Beisecker, Ph.D.
10.1 Introduction
10.2 Doctrinal Background
A. The attorney work product privilege
1. Hickman v. Taylor
2. Federal Rule of Civil Procedure 26(b)(3)
3. Waiver of work product immunity
B. The attorney-client privilege
1. Nature and purpose
2. Representatives of the lawyer
3. Confidentiality and the attorney-client privilege
4. Exceptions and waiver
C. Discovery of expert witness work product
1. Discovery as to experts expected to be called as witnesses
2. Discovery as to experts who will not be called to testify
3. Discovery as to experts not specially retained
4. The conflict between the work product doctrine of Rule 26(b)(3) and expert discovery
D. The discoverability of materials used to prepare a witness to testify
1. The memory refreshment doctrine
2. The memory refreshment doctrine and the attorney-client privilege
3. The memory refreshment doctrine and the work product doctrine
10.3 Trial Consultant Scenarios
10.4 Conclusion‹Guidelines for the Attorney-Trial Consultant Relationship
Notes
About the Authors
Index