Persuasive Litigator

In Employment Cases (and All Cases), Keeping it Simple is Smart

by: Dr. Ken Broda-Bahm

So the company finally terminates the troublesome employee.  “Problem solved,” right?  In a litigious climate, the answer could be, “Wrong, the problem’s been replaced by a different problem” because what follows could be months or years of discovery, deposition, and developing strategy before you find yourself explaining that decision to a jury, judge, or arbitrator.  And in that long series of steps leading up to your day in court, the facts can accumulate like snowfall in the Rockies:  dates, documents, people, and policies all contributing to a picture that gets more complicated every day.  What started out as a cut-and-dried decision has now become an elaborate network of legal arguments and counter-arguments, making the jurors struggle just to try to put themselves in the place of the individual making that termination decision. 

But it doesn’t have to be that way. 

Shiny Loafers or Muddy Boots? Find a Witness With Boots on the Ground

by: Dr. Kevin Boully

“I mean honestly, I think that some of the most convincing witnesses were the ones that were actually there.”  [Male juror in his mid-20’s]

 

Many commercial litigators assume an upper-level manager’s ability to handle sticky questions, describe company policies and profess company values should be useful to jurors’ evaluation of the company and the behavior at issue.  Probably the most important witness, right?  I mean, these manager-types are high achievers, decisive managers, and confident communicators – a perfect fit for the role of company rep and star witness.  They’ll take the stand early on, deliver the key messages with a sparkly grin, and slam the door on your opponent’s case.  Right?  Make these assumptions at your client’s (and your own) peril. 

 

Persuasion Strategies National Juror Survey:

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