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Publications

  • Every Case has a Simple Story: What’s Yours?

    By: Sherry Salmons, Ph.D

    2017 has been a busy year for litigation and we have supported 10 trials to date. The cases have taken us all over the country from Texas, to New York, to South Dakota, to Chicago. The allegations have ranged from patent infringement, to retaliation, to breach of contract, to product disparagement. One trial was only 4 days long, while...

  • Candid Advice From The Bench: Judges Are People Too

    By: Alison Wong, Esq.

    Every so often, we field questions from our clients related to jury trials vs. bench trials. The general consensus among trial lawyers seems to be that jury trials favor plaintiffs, while bench trials favor defendants. The thinking goes that, while jurors tend to orient to trials emotionally, judges can “block out” all distractions an...

  • The Art of Being Silent

    By: Martha Luring

    If you have worked with Salmons Consulting, you have almost certainly heard us say, “Words matter.” Thus, it may seem odd to now hear us talk about silence…and more importantly, the power of silence.  Over the course of our careers, we have seen this tool be underutilized in all facets of the litigation lifecycle.  The art of bein...

  • Get the Most Out of Your Jury Selection

    By: Alison Wong, Esq.

    When seeking the advice of litigation consultants, it is only natural for attorneys to ask what kind of jurors we want at trial. This is an important, rational, and largely irrelevant question. Why? Because the answer to the question “Whom do we want?” is unfortunately not nearly as critical as “Whom can we not risk keeping?” Thos...

  • In Employment Cases, H.R. can Make or Break your Case

    By: Alison Wong, Esq.

    Employment discrimination and harassment suits are among the toughest courtroom challenges that a company can face. Invariably in these cases, questions of fairness overshadow the legal elements of the claim, as jurors’ attention is drawn to the salacious details of the underlying drama. Jurors tend to believe, based on their own work e...

  • The Power of One

    By: Sherry Salmons, Ph.D

    It is always difficult to motivate a typical juror (e.g., waitress, construction worker, homemaker) to side with a large corporate defendant in trial.   It’s an even larger challenge to effectively arm defense-leaning jurors (often in the minority) to stand firm in deliberations against a hostile response from those supporting the pla...

  • Perception vs. Reality: Nothing is ever black and white

    By: Martha Luring

    The litigation lifecycle for large, complex civil lawsuits is often years in the making. Over that amount of time, it is no surprise that clients and counsel alike form strong opinions about the opposing trial team, their witnesses, and their experts as a result of the countless interactions that occur between the parties. In most cases, ...

  • Help Us Help You: the Dos and Don’ts of Jury Research

    By: Alison Wong, Esq.

    DON’T try to win at the mock trial This may seem counter-intuitive to trial lawyers, who generally try to make a habit of winning, but the goal of doing a mock trial exercise is not to win the day but rather to help you win the trial. In jury research, as in life, there is more to learn from the losses than from the wins.   Here are s...

  • Improving your case in a day … because one day can make a big difference

    By: Sherry Salmons, Ph.D

    Ideally, counsel has the time and the budget to test her case through a few phases of mock trial research. The trial team learns from deliberations what themes are working, what evidence is most challenging and what adjustments need to be incorporated to improve the story. However, not every matter allows for this level of testing, especi...