How to Anger a Jury (Unintentionally)
When defendants deny, deflect, finger point, and refuse to concede obvious points, jurors are likely to punish.
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Jeff Dougherty, M.S.
- Dec 9, 2022
- 4 min
Witness Preparation - Beware of the Learning Dip
What do tennis lessons and witness preparation have in common? Read on, you won't be disappointed. I played a lot of tennis in my 20s,...
75 views0 comments
Jeff Dougherty, M.S.
- Feb 11, 2021
- 5 min
Jury Selection, Ideology, and Confirmation Bias: What lawyers can learn from Aleksandr Solzhenitsyn
Trial Attorneys: Have you ever left an intelligent person on a jury thinking, "smart people will get it," only to learn in post trial...
192 views0 comments
Jeff Dougherty, M.S.
- May 27, 2020
- 7 min
Witness Preparation: An Analysis of Roger Stone's Deposition
Poor witness performance can be categorized in two ways: Category I, what a person says, and Category II, what a person does.
1,021 views0 comments
Jeff Dougherty, M.S.
- May 8, 2020
- 5 min
Joe Exotic Deposition: What Not to Do
Deposition can have a major impact on the trajectory of the case. Joe Exotic's Deposition provides good examples of what not to do.
2,118 views0 comments
Jeff Dougherty, M.S.
- Apr 22, 2020
- 3 min
Better Witness Preparation (Part Two)
What's the biggest mistake attorneys make when it comes to witness preparation?
314 views0 comments
Jeff Dougherty, M.S.
- Apr 20, 2020
- 7 min
Witness Preparation: The Four Necessary Stages (You've Never Heard Before)
Testifying is a strange communication environment. Even if your witness is a great communicator, he's not guaranteed to be a good witness.
697 views0 comments
Jeff Dougherty, M.S.
- Apr 16, 2020
- 3 min
Witness Preparation: What Body Language Tells a Jury
The witness is frustrated with opposing counsel. He rolls his eyes, becomes sarcastic and argumentative. He thinks he's winning - he's not.
445 views0 comments
Jeff Dougherty, M.S.
- Apr 14, 2020
- 4 min
Witness Preparation and Body Language: Will Jurors Think Your Witness is Lying?
Testifying is anxiety provoking ...particularly cross-examination. Sometimes jurors will assume a nervous witness is a lying witness.
406 views0 comments
Jeff Dougherty, M.S.
- Mar 30, 2020
- 5 min
Witness Preparation: Help Witnesses Turn the Tables on Opposing Counsel
Witnesses cannot beat attorneys at their own game. If they try they will lose every time. Witnesses need to play a different game.
1,275 views0 comments
Jeff Dougherty, M.S.
- Jan 31, 2020
- 3 min
Better Expert Witness Preparation: Undo the Curse of Knowledge
The only people the court will allow to communicate certain information to a jury are ineffective at communicating that information.
95 views0 comments
Jeff Dougherty, M.S.
- Aug 15, 2019
- 3 min
Mediation: The Untapped Value of Mock Trials
Mock Trials: conduct them before mediation and strengthen your settlement position.
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Jeff Dougherty, M.S.
- Aug 12, 2019
- 3 min
Witness Testimony: Is 93% of Communication Non-Verbal?
When witnesses testify at trial, how much impact does non-verbal behavior have on their credibility?
537 views0 comments
Jeff Dougherty, M.S.
- Aug 5, 2019
- 3 min
Witness Preparation: Avoid Communication Breakdown Under Oath
If you try cases, you've probably wondered why witnesses have such a difficult time testifying in depositions and cross-examinations. Why?
101 views0 comments
Jeff Dougherty, M.S.
- Jul 23, 2019
- 3 min
Better Expert Witness Preparation: "Answer Discipline"
Parties to lawsuits spend tens of thousands of dollars on experts witnesses only to learn that the jury didn't remember them. Why?
176 views0 comments
Jeff Dougherty, M.S.
- Jul 17, 2019
- 5 min
Witness Preparation: Why Medical Professionals Struggle When They're Under Oath
Medical malpractice defense attorneys: why do your witnesses struggle when testifying in depositions and at trial? Read on to find out.
88 views0 comments
Jeff Dougherty, M.S.
- Jul 12, 2019
- 6 min
Jury Selection: To Strike or Not to Strike...
Will a juror who shares similar characteristics with a plaintiff be more or less likely to sympathize with a plaintiff at trial?
102 views0 comments
Jeff Dougherty, M.S.
- Jul 10, 2019
- 1 min
Medical Malpractice Witness Mistakes (video)
Witnesses destroy their own cases when they don't know how to listen (correctly) to opposing counsel's questions. Watch
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Jeff Dougherty, M.S.
- May 8, 2019
- 1 min
Witness Preparation : Don't Let Your Witness Get Trapped (video)
Attorneys: Have you ever had a witness trap herself by her own words while testifying. That's a rhetorical question. You have. When it...
25 views0 comments
Jeff Dougherty, M.S.
- Feb 25, 2019
- 5 min
Opening Statements: Don't Bore the Jury
Recently my wife had an interesting experience with her middle school speech class; an experience I believe can be very instructive for...
142 views0 comments
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