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Articles by Merrie Jo Pitera
Choosing the Right Corporate Representative | JD Supra
“Is there anything you would like to say to my client right now?” asked the attorney roleplaying plaintiff’s counsel in a recent witness preparation session. The witness, a corporate representative for a trucking company whose driver had been involved in the plaintiffs’ family member’s fatal motor vehicle accident, responded flatly: “No.” He then reiterated that he did not believe his trucking company was at fault. The attorney reacted approvingly and moved on with questioning.
Using Counterfactuals To Shift Jurors' Hindsight Bias
In 1929, Belgian surrealist artist René Magritte took a canvas, painted a pipe on it and wrote below, in French, "This is not a pipe."... To view the full article, register now.
Using Counterfactuals To Shift Jurors' Hindsight Bias
By Merrie Jo Pitera, John Ursu and David Metz (July 12, 2023, 5:32 PM EDT) -- In 1929, Belgian surrealist artist René Magritte took a canvas, painted a pipe on it and wrote below, in French, "This is not a pipe."... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Witness Preparation: Helping Your Witness Avoid Hindsight Bias
While views may vary, we believe firmly that witness preparation should involve asking witnesses the tough questions, for several reasons: First, we would argue it is better to pose a tough or uncomfortable question up front—and prepare witnesses for it during the real deposition or trial testimony—than to coddle them into a false sense of security only to risk implosion when that question comes at them from an aggressive opposing counsel.
Witness Preparation: Helping Your Witness Avoid Hindsight Bias | JD Supra
While views may vary, we believe firmly that witness preparation should involve asking witnesses the tough questions, for several reasons: First, we would argue it is better to pose a tough or uncomfortable question up front—and prepare witnesses for it during the real deposition or trial testimony—than to coddle them into a false sense of security only to risk implosion when that question comes at them from an aggressive opposing counsel.
What Does a Mock Trial Cost? | JD Supra
April 11, 2023 To embed, copy and paste the code into your website or blog: One of the first questions potential clients want to know when they call us is: How much does a mock trial cost? Considering that costs and expenses are a significant factor to any attorney or client’s budget, this question is certainly a valid one that deserves consideration.
Witness Testimony Themes, Cross Examination, & Preparation Consultants – Episode 55 | JD Supra
IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera explains why themes are important for testimony, how to prep witnesses for cross, and what attorneys can gain from working with consultants. Listen, watch, and/or read the transcript below. (Part 2 of 2) see video here. Hello, and welcome to the IMS Insights Podcast. I’m your host, Adam Bloomberg.
Witness Prep Goals, Credibility Factors, & Juror Comprehension – Episode 54 | JD Supra
IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can testify so jurors will understand. Listen, watch, and/or read the transcript below. (Part 1 of 2) *see video here. Hello, and welcome to the IMS Insights Podcast. I’m your host, Adam Bloomberg.
Improving Expert Witness Credibility in the Eyes of the Jury | JD Supra
It comes as no surprise that when a witness is perceived as being credible, their messages will be more persuasive to the jury. Much academic research has been conducted to determine the primary characteristics that measure credibility. There has even been a scale developed to measure the perceived credibility of an expert witness via four key factors [1]. For evaluating an expert, the credibility factors are knowledge, confidence, trustworthiness, and likability.
How Shakespeare’s 'Hamlet' can shed light on legal bias
What’s the problem with Hamlet? A central preoccupation of the characters in Shakespeare’s Hamlet, Prince of Denmark is deciphering what’s going on with the title character. In the play, Hamlet is called home from college after his father, King Hamlet, dies. After the funeral, Hamlet’s uncle Claudius swiftly marries Hamlet’s mother, Queen Gertrude, and ascends the throne to become Denmark’s new king.
10 Tips for Preparing Expert Witnesses | JD Supra
This article is based on an interview with Dr. Merrie Jo Pitera, who has prepared hundreds of witnesses for depositions, trials, and congressional hearings over the course of 25+ years. As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted.
Voir Dire Jury Selection Strategies for Lawyers and Law Firms
Tuesday, September 20, 2022 In chess, your queen is a valuable piece that you want to protect, but there are times when strategically it makes sense to sacrifice your queen to gain a tactical advantage. The same can be true during attorney-conducted voir dire. There are times when it is very clear that a juror is the best juror for your case. This is the person who will hear your case story, understand it, assimilate it, and be your advocate in the jury deliberation room.
How Much Does a Mock Trial Cost?
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Tips for Virtual Trials: Perfecting Your Virtual Presentation
Thursday, March 17, 2022 Nowadays, any number of your high-stakes legal proceedings may take place in a virtual (or hybrid) setting. Even if you are accustomed to Zoom and PowerPoint, there are unique preparations required to deliver a persuasive, engaging argument online. To provide high-caliber advocacy for your client in a remote environment, you must stand out from the virtual crowd.
Why Storytelling is Your Best Defense
March 11, 2022 Florida Legislature Amends Florida Civil Rights Act to Restrict... by: Stephanie L. Adler-Paindiris and Samia M. Kirmani In This Case, Bylaws By Any Other Name Are Still Bylaws by: Keith Paul Bishop Interview with Brad Giles, American Society of Safety Professionals... by: Michael T. Taylor and Adam Roseman New Rules for Data Transfers Out of the United Kingdom by: Jeffrey M. Stefan II and Andrea M. Gumushian United States Supreme Court Sending Chilling Messages for Future of...
Witness Preparation Tips For Your Next Video Deposition
By Adam Bloomberg and Merrie Jo Pitera April 14, 2020, 3:51 PM EDT Law360 (April 14, 2020, 3:51 PM EDT) -- Adam Bloomberg Merrie Jo Pitera When practical circumstances like scheduling, transportation or costs issues necessitate it, conducting deposition by videoconference can be an attractive alternative. Indeed, the COVID-19 pandemic means that the gathering of necessary deposition is significantly more likely to require videoconferencing tools.
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