Bar Bulletin

Bar Bulletin

Jury Economics: Guiding Juror Emotion in Deliberations

September 2022 Bar Bulletin 

It is so important for litigators to understand jury decision-making in a practical and useful way. One of the ways we have tried to shift this understanding is by encouraging litigators to think about their case as a conversation, a series of ongoing interactions among human beings. So much attention is placed on the question of whether a key argument is persuasive, and which of the most persuasive arguments can lead to the winning result. At first glance, this makes good sense. Making strong arguments seems like the key to success in the courtroom. While it is difficult to imagine anything more important, this difficulty is...

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