Bar Bulletin

Bar Bulletin

Jury Economics: Think about Your Case as a Conversation

June 2022 Bar Bulletin

Most attorneys agree that unpersuasive arguments are not the best trial strategy. Some make them anyway, perhaps because they are running low in the persuasive argument bucket or perhaps because some attorneys believe they are true and are still convinced “truth” (whatever that is) wins out in the deliberation room. Regardless, the quest for the most persuasive argument lies at the heart of all jury strategy development. It is why many attorneys conduct mock trials ahead of trial or spitball arguments with co-workers, family, and friends. 

The quest for the most persuasive argument, however, might just be a distraction from a much more fundamentally...

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