I have led or helped lead over 400 mock trials in the past thirty years. In that time, I have learned what works and what does not. Below, I share twelve of the best lessons that I believe litigators can take from all of my accumulated experience.
1) Don’t pull punches on the opposing side.
In mock trials, we often see counsel hone their messages and themes, as well as throw their best ammo at their own side’s presentation, but come up short when preparing the case for the opposing side, whether intentionally or unwittingly.
2) Use balanced litigation graphics for both sides.
Understandably, in an effort to contain cost, as well as their natural desire to make the best case for their client, counsel often creates more and better-aimed litigation graphics for their own side, but may make an anemic attempt, if any, to create punchy graphics to drive home opposing points.
by Laurie R. Kuslansky, Ph.D.
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