Lawgical Insight ® All rights reserved
Usually a 1- to 5-word phrase that encapsulates a key issue in your case. It can often come from your common-sense take on a key question from the verdict form, the burden of proof, or your theory of the case. Then you weave your theme through the framework of your opening, witness examinations, and closing – particularly your review of the verdict form. Bonus points if you can incorporate one of the narrative archetypes. These naturally guide your jury to a conclusion, or set the stage for relationships among the parties. We all know what happens when young David has to overcome the montstrous Goliath.
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What is a theme?
By not trying to prove you are smarter than the expert. Even if you are smarter, the expert won’t admit it – and so the jury won’t care. Another tip: if there is a meaningful science component to the expert’s opinion, you can get a good expert to readily admit to assumptions and other gaps in their knowledge / theory – and a bad expert to look defensive avoiding these questions. Either way, useful arguments for your closing. We hope your court reporter gives you dailies … daily.
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Cross-x an expert?
Don’t limit yourself to someone that has given prior expert testimony in your target subject matter. Go back to first principles and think about the question the jury needs help with. In particular, if there is a testing component, look at people generally in the business of designing and conducting scientific tests – not just people with substantial and specific subject matter expertise.
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Select an expert?
Imagine the conversation you want the jury to have during deliberation, then have that conversation in front of them. Incorporate visuals, ask and answer questions they will have, and close the loop on all your arguments (e.g. don’t just ask questions incredulously because the answer is obvious to you).
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An effective closing?
Generally, you have three audiences. The jury, the opposing party – which includes the opposing party’s insurance carrier, and the appellate court. Unless you have had a recent, substantive directed verdict or JNOV, the judge is (generally) not an audience member. Each of the three audiences is looking for something different. We can help with the jury and the opposing party.
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Who is my trial audience?
That's why you need to hire us; the earlier the better.
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Lawgical Insight ® All rights reserved

Trial Consulting & Support

How often do you put your billing clock aside to review how your litigation team did in the last trial? How about setting aside time after work to read up on negotiation tactics, the latest psychological research on persuasion, or even take notes while watching recordings of skilled presenters? If you don’t do it often, we can help. Litigation teams rarely have the time between billing cycles to re-examine prior litigation efforts — especially prior trial performance — and rigorously and methodically consider what lessons are available from the experience. Moreover, it is difficult to consider how to best present your case to a fresh audience when you have been steeped in the case’s facts and motion practice for years. Lawgical Insight can consult on narrative development — including opening and closing, and direct and cross examination of witnesses; manage evidence presentation via OnCue or Trial Director; and prepare and deliver custom demonstratives. Importantly, Lawgical Insight can provide a fresh take on your case, including asking uncomfortable questions like “does this evidence / argument get your jury closer to the answer you want on the verdict form?” If it doesn’t, it probably doesn’t need to go in your closing.

Here are some questions you might have. We hope our responses give you a sense of our competence.

Respectfully,
The Lawgical Team
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Tell a good
story, well.