Experienced trial consultants with backgrounds in communication, social psychology and law will share years of experience, research and training in a one-day seminar on how jurors decide economic and non-economic damages in civil cases. You will learn how jurors negotiate the subjective elements and navigate the objective evidence to determine the losses claimed in various types of lawsuits. We will outline revealing voir dire questions and strategies to identify jurors who will be leaders in driving damage awards. Learn to differentiate between liability jurors and damage jurors and identify those who, ideally, will serve you well on both fronts. This seminar will teach key persuasion strategies to influence jurors' assessments of damages testimony and ultimate valuation of damages. This seminar will change the way you approach jury selection.
- Learn to identify important juror attitudes that will determine damages in your cases
- Learn to match your arguments and persuasive strategy to the personality and attitudinal profiles of your jurors
- Learn how to improve your damages outcomes by understanding the influences of venue, subjective elements, emotions and more
9:00 a.m. - 9:15 a.m.
I. Introduction To Speakers And Overview Of Course
9:15 a.m. -10:30 a.m.
II. Jury Research Findings On Damages: A Review Of 20 Years Of
A. Learn What Drives Jury Decision Making On Awarding Damages
B. Socio-Political Climate And Jury Awards
C. Venue Influences On Jury Awards
D. Pre-Trial Research To Understand And Influence Your Case Strengths, Pitfalls And Value
E. Learn How Jurors Navigate Through Evidence To Determine Damages
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
III. Cognitive And Emotional Components Of Jury Damage Awards
A. Understanding Psychological Influences On Determining Damages
1. How Jurors Use Anchoring, Attribution And Pre-Existing Schemas To Create Damage Award Ranges
2. Jurors May Not Consciously Know Where Their Attitudes Come From Or How They Will Influence Decision-Making
3. Personality Variables And Personal Experience That Affect Decisions
4. How Emotions, Subjectivity And Lack Of Instruction Influence The Quality Of Decisions
B. Using Cognitive And Emotional Components To Influence Jury Awards
1. Influencing The Decision-Making Process To Anchor Awards In Your Favor
2. Educating Jurors On Damages And Decision-Making
3. Creating An Ideal For Juror Decision-Making And Strategically Communicating Your Goals For Jurors' Awards
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
IV. Communicating With Jurors About Money
A. The Impact Of Rhetoric: From Voir Dire Through Jury Instructions
B. Voir Dire: Identifying 'Damage' Jurors
1. Key Questions To Identify 'High' Vs. 'Low' Damage Jurors
2. Sequencing Of Questions For Positive Presentation Of Monetary 'Awards'
3. Cause Questions For Removing Jurors On Damages Issues
4. Developing And Using Jury Profiles To Steer Damages Negotiations In Deliberations
C. Persuasion/Communication Techniques To Influence Damages Determinations
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 4:30 p.m.
V. Workshop – Tying It All Together: Developing Jury Profiles To Drive Damages
A. Develop Juror Profiles To Increase Receptivity To Your Messages About Damages